Common use of Limitations of Liability Clause in Contracts

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR COMPANY’S THIRD PARTY LICENSORS, OR ANY OTHER PERSON OR ENTITY, BE LIABLE TO CUSTOMER OR ANY AUTHORIZED USER FOR CLAIMS ARISING FROM (A) BREACH ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, INCLUDING REPLACEMENT COSTS AND/OR ANY LOSSES RELATING TO CUSTOMER OR CUSTOMER’S BUSINESS, SUCH AS LOST DATA, LOST PROFITS, BUSINESS INTERRUPTION, OR LOST SAVINGS, EVEN IF COMPANY OR ITS THIRD PARTY LICENSORS HAVE BEEN ADVISED OF CONFIDENTIALITY, THE POSSIBILITY OF SUCH DAMAGES; OR (B) INFRINGEMENT OF A ANY CLAIM BY ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS . IF CUSTOMER COULD HAVE AVOIDED DAMAGES BY THE OTHER PARTYTAKING REASONABLE CARE, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL COMPANY NOR COMPANY’S THIRD PARTY LICENSORS WILL BE LIABLE HEREUNDER FOR ANY INDIRECTSUCH LOSSES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF IN NO EVENT WILL COMPANY’S TOTAL LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO UNDER THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORWHETHER ARISING IN CONTRACT, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITALTORT, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKNEGLIGENCE, OR OTHER SECURITY BREACHOTHERWISE, EXCEPT TO EXCEED THE EXTENT CAUSED CUMULATIVE PAYMENTS RECEIVED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS COMPANY FROM CUSTOMER UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS EXTENT PERMITTED BY THE OTHER PARTYLAW.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYTO THE MAXIMUM EXTENT PERMITTED BY LAW, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL IN NO EVENT WILL EITHER PARTY BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESEXEMPLARY DAMAGES (INCLUDING, OR BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFITS OR DATA, REVENUE, USE, GOODWILL, DATA, AND/OR COSTS PROFITS) ARISING OUT OF SUBSTITUTE GOODS OR SERVICES, THAT RELATE IN ANY WAY TO THIS AGREEMENT OR ITS PERFORMANCE. THIS EXCLUSION WILL APPLY REGARDLESS OF THE LEGAL THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN UPON WHICH ANY CLAIM FOR SUCH DAMAGES IS BASED, WHETHER THE PARTIES TO THIS AGREEMENTHAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR WHETHER SUCH DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKWERE REASONABLY FORESEEABLE, OR OTHER SECURITY BREACH, EXCEPT WHETHER APPLICATION OF THE EXCLUSION CAUSES ANY REMEDY TO THE EXTENT CAUSED BY GE DIGITALFAIL OF ITS ESSENTIAL PURPOSE. THIS EXCLUSION WILL NOT APPLY TO EITHER PARTY’S LIABILITY FOR BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTYCONFIDENTIALITY OBLIGATIONS, COMPANY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO DEFENSE AND INDEMNIFICATION OBLIGATIONS, VIOLATION OF THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYRIGHTS, OR ANY DIRECT OR INDIRECT LOSS OF PROFITS, DATA, BUSINESS, OR ANTICIPATED SAVINGS DUE TO FRAUD OR GROSS NEGLIGENCE.

Limitations of Liability. EXCEPT (a) IN NO EVENT WILL PROVIDER OR RESELLER BE LIABLE UNDER OR IN CONNECTION WITH THE PURECARS TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR CLAIMS ARISING FROM ANY: (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (D) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER’S OR RESELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE PURECARS TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN BY RESELLER TO PROVIDER WITH RESPECT TO DEALER’S RIGHT TO ACCESS THE ONE (1) YEAR PURECARS SERVICES DURING THE 12 MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM. (b) Dealer acknowledges that it is solely responsible for all data security and back-up in the event of a hardware or software malfunction. Under no circumstances will Provider be responsible or held liable for the integrity of any software or data contained on Dealer’s hardware or for Dealer’s hardware failures. Dealer will defend, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYindemnify, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYand hold harmless Provider for the loss of any data or software under any and all circumstances whatsoever.

Limitations of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS AND CONDITIONS, EXCEPT FOR CLAIMS ARISING FROM TO THE EXTENT PROHIBITED BY LAW: (A) BREACH OF CONFIDENTIALITY, VERIFONE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR (BI) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTSPECIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIALOR CONSEQUENTIAL DAMAGES OR (II) LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS, REVENUE, GOODWILL OR SAVINGS, DOWNTIME, OR CONSEQUENTIAL DAMAGESDAMAGE TO, LOSS OF OR REPLACEMENT OF DATA OR TRANSACTIONS, CHARGE-BACKS, EQUIPMENT PURCHASED OR ACQUIRED BY YOU OR YOUR SUBCONTRACTORS OR AGENTS IN ORDER TO EFFECTUATE THESE TERMS AND CONDITIONS, OR FOR ANY LOSS COST OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS PROCUREMENT OF SUBSTITUTE GOODS PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH LOSSES ARE DIRECT LOSSES OR INDIRECT LOSSES, IN EACH CASE (I) AND (II) RELATING IN ANY MANNER TO THESE TERMS AND CONDITIONS OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER AND WHETHER ARISING FROM CLAIMS BASED IN WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF VERIFONE HAS BEEN ADVISED OF THE THEORY POSSIBILITY OF SUCH CLAIM OR DAMAGE; (B) IN ANY CASE, VERIFONE’S ENTIRE LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT RELATING IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT ANY MANNER TO THESE TERMS AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES CONDITIONS AND ANY REAL TIME PRODUCTS AND SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE FORM OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITALNATURE OF THE CLAIM, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT YOUR DIRECT AND DOCUMENTED DAMAGES, AND WHICH LIABILITY WILL BE LIMITED IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE AGGREGATE TO THE CLAIM, EXCEPT FEES ACTUALLY PAID BY YOU FOR CLAIMS THE PRODUCS AND SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE CLAIM ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION WHICH SHALL NOT INCLUDE ANY FEES PAID BY YOU WITH RESPECT TO INDEMNIFY GE DIGITAL FOR THIRD ANY THIRD-PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.SERVICES); AND

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY8.1 Company will not be liable for any loss or damage of any kind whatsoever caused by the acts, omissions, negligence or willful misconduct of Customer. 8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, VENDORS, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTYSERVICE PROVIDERS, INCLUDING ITS AFFILIATES AND LICENSORSANY UNDERLYING WIRELESS SERVICE CARRIER (COLLECTIVELY, SHALL THE “SERVICE PROVIDERS”) BE LIABLE HEREUNDER TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECTSPECIAL, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY, SPECIALPUNITIVE, INDIRECT OR OTHER ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, LOSS OF DATA (INCLUDING COSTS OF DATA RECOVERY OR RECONSTRUCTION) AND BUSINESS INTERRUPTION, ARISING OUT OF, OR CONSEQUENTIAL DAMAGESRELATING TO, OR FOR IN CONNECTION WITH THE SYSTEM OR THE SERVICES, INCLUDING ANY LOSS OF PROFITS USE OF, DISRUPTION TO OR REVENUE, USE, GOODWILL, DATA, INABILITY TO USE THE SYSTEM OR COSTS OF SUBSTITUTE GOODS OR THE SERVICES, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY OF LIABILITY (CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE IN ANY CASE, THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT ENTIRE AGGREGATE LIABILITY OF COMPANY AND AS BETWEEN THE PARTIES TO THIS AGREEMENTITS SUPPLIERS, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORVENDORS, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES SERVICE PROVIDERS UNDER THIS AGREEMENT ARISING OUT (AND ANY SUBSCRIPTION AGREEMENT) FOR ALL DAMAGES OF A DATA BREACHEVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, CYBER ATTACKTORT (INCLUDING NEGLIGENCE), OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT OTHERWISE) SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500). 8.3 THE CUMULATIVE AMOUNTS PAID OR PAYABLE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 8 SHALL APPLY EVEN IF THE CUSTOMER’S REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE. Customer acknowledges and agrees that the parties entered into this Agreement and each Subscription Agreement in reliance upon the limitations of liability set forth in this Section 8, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties. 8.4 CUSTOMER HAS NO CONTRACTUAL RELATIONSHIP WITH COMPANY’S SERVICE PROVIDERS AND CUSTOMER IS NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND ITS SERVICE PROVIDERS. CUSTOMER UNDERSTANDS AND AGREES THAT COMPANY’S SERVICE PROVIDERS HAVE NO LIABILITY OF ANY KIND TO CUSTOMER, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. EXCEPT AS OTHERWISE PROHIBITED BY ANY LAWS FROM DOING SO, CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY’S SERVICE PROVIDERS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) AND RELATED LOSSES (AS DEFINED IN SECTION 3.4, ABOVE), ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THE ONE (1) YEAR PERIOD PRECEDING USE, FAILURE TO USE, OR INABILITY TO USE THE EVENTS GIVING RISE SERVICES EXCEPT WHERE THE CLAIMS RESULT FROM SUCH SERVICE PROVIDERS’ NEGLIGENCE OR RECKLESS OR WILLFUL MISCONDUCT. CUSTOMER HAS NO PROPERTY RIGHT IN ANY ACCOUNT NUMBER OR OTHER ACCOUNT CREDENTIALS ASSIGNED TO IT, AND UNDERSTANDS THAT ANY SUCH NUMBER OR OTHER ACCOUNT CREDENTIALS CAN BE CHANGED. CUSTOMER UNDERSTANDS THAT COMPANY’S SERVICE PROVIDERS CANNOT GUARANTEE THE SECURITY OF WIRELESS TRANSMISSIONS TO CUSTOMER, AND WILL NOT BE LIABLE TO CUSTOMER FOR ANY LACK OF SECURITY RELATING TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH USE OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION THE SERVICES. THE CUSTOMER MAY NOT RESELL THE SERVICE TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE ANY OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE HEREUNDER WHETHER IN THE AGREEMENT, IN TORT (INCLUDING GROSS NEGLIGENCE), UNDER ANY WARRANTY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR EXEMPLARY OR PUNITIVE LOSSES OR DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATAREVENUES, OR COSTS ANY COST OF SUBSTITUTE GOODS LABOR, RESULTING FROM OR SERVICES, REGARDLESS ARISING OUT OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT OR IN CONNECTION WITH NUCLEAR POWER FACILITIES THE PRODUCT OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO SELLER’S PERFORMANCE UNDER, OR BREACH OF, THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOREVEN IF THE BUYER OR THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAVE AS SPECIFIED UNDER THIS AGREEMENT THE BUYER’S RIGHT OF TERMINATION, LIQUIDATED DAMAGES SHALL BE THE BUYER’S SOLE AND BEARS ALL RISKS ASSOCIATED WITH EXCLUSIVE REMEDY FOR DELAY IN ANY PRODUCT DELIVERY OR PART THEREOF AND THE CONTROLSELLER SHALL HAVE NO FURTHER LIABILITY WHATSOEVER, OPERATIONWHETHER IN CONTRACT, AND USE TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE ARISING OUT OF MONITORED EQUIPMENT OR IN CONNECTION WITH NUCLEAR POWER FACILITIES AND DELAY OF ANY REAL TIME PRODUCT DELIVERY OR ULTRA HAZARDOUS ACTIVITIESPART THEREOF. GE DIGITALFOR THE AVOIDANCE OF DOUBT, INCLUDING ITS AFFILIATES AND LICENSORSTHE BUYER MAY SEEK TO RECOVER ANY ACTUAL DIRECT DAMAGES IF THE SELLER BREACHES THIS AGREEMENT; PROVIDED, HOWEVER, THAT NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOT BE LIABLE FOR DAMAGES UNDER THE SELLER’S LIABILITY IN CONNECTION WITH THE PRODUCT OR THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT EXCEED THE PRICE PAID TO THE EXTENT CAUSED SELLER BY GE DIGITAL’S BREACH THE BUYER FOR THE PRODUCT. EITHER PARTY ACKNOWLEDGES AND AGREES THAT THE EXCLUSIVE REMEDIES AND LIMITATIONS OF ITS OBLIGATIONS UNDER LIABILITIES SET FORTH HEREIN WERE BARGAINED FOR AND ARE ESSENTIAL TERMS OF THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER NOTHING IN THIS AGREEMENT SHALL BE LIMITED TO LIMIT OR EXCLUDE THE CUMULATIVE AMOUNTS PAID LIABILITY OF EITHER PARTY FOR DEATH OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS PERSONAL INJURY RESULTING FROM ADDITIONAL ITS NEGLIGENCE OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYFOR FRAUDULENT MISREPRESENTATION. 8.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL TRUALTA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARYINDIRECT, SPECIAL, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL EXEMPLARY DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR FOR ANY PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER CUSTOMER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL TRUALTA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO TRUALTA UNDER THIS AGREEMENT THE APPLICABLE ORDER FORM IN THE ONE SIX (16) YEAR PERIOD MONTHS PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYLIABILITY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO PROVIDER UNDER THIS AGREEMENT IN THE ONE (1) YEAR 12 MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMCLAIM OR $5,000, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYWHICHEVER IS LESS.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL PROVIDER OR ANY OF ITS LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO PROVIDER UNDER THIS AGREEMENT IN THE ONE (1) YEAR TWELVE-MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMCLAIM OR $100,000, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYWHICHEVER IS LESS.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL JASPER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (Ba) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ WHETHER ▇▇▇▇▇▇ SHALL NOT USE WAS ADVISED OF THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES POSSIBILITY OF SUCH LOSSES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES WILL ▇▇▇▇▇▇ IS SOLELY BE RESPONSIBLE FORFOR ANY DAMAGE, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROLLOSS OR INJURY RESULTING FROM HACKING, OPERATION, AND TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF MONITORED EQUIPMENT THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ▇▇▇▇▇▇ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME CONTENT OR ULTRA HAZARDOUS ACTIVITIESFOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) CUSTOMER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. GE DIGITALIN NO EVENT WILL JASPER, INCLUDING ITS AFFILIATES AND AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ’ AGGREGATE LIABILITY ARISING OUT OF A DATA BREACHOR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CYBER ATTACKINCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER SECURITY BREACH, EXCEPT TO OTHERWISE EXCEED THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO JASPER UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMCLAIM OR $50.00, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH WHICHEVER IS GREATER. THIS LIMITATION OF CONFIDENTIALITYLIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, (B) TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ▇▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY THE OTHER PARTYAPPLICABLE LAW.

Limitations of Liability. (a) EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYAS PROHIBITED BY LAW, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, IN NO EVENT SHALL SDS BE LIABLE HEREUNDER TO LSHSC OR TO ANY OF THE CUSTOMERS OR CLIENTS OF LSHSC FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES OF ANY KIND OR FOR NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR SDS’S BREACH THEREOF OR CONNECTED WITH OR RESULTING FROM ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT SERVICES OR PRODUCTS PROVIDED BY SDS IN CONNECTION WITH NUCLEAR POWER FACILITIES THE AGREEMENT, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR LIFE SUPPORT EQUIPMENT AND OTHERWISE, EVEN IF SDS HAD BEEN WARNED OF THE POSSIBILITY OF ANY SUCH DAMAGES. (b) EXCEPT AS BETWEEN PROHIBITED BY LAW, IN NO EVENT SHALL LSHSC BE LIABLE TO SDS OR TO ANY OF THE PARTIES CUSTOMERS OR CLIENTS OF SDS FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED AGREEMENT OR LSHSC’S BREACH THEREOF OR CONNECTED WITH OR RESULTING FROM ANY OF THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT SERVICES OR PRODUCTS PROVIDED BY LSHSC IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITALTHE AGREEMENT, INCLUDING ITS AFFILIATES AND LICENSORSWHETHER SUCH LIABILITY IS BASED IN CONTRACT, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACHTORT, CYBER ATTACKNEGLIGENCE, STRICT LIABILITY, OR OTHER SECURITY BREACHOTHERWISE, EXCEPT TO EVEN IF LSHSC HAD BEEN WARNED OF THE EXTENT CAUSED BY GE DIGITAL’S BREACH POSSIBILITY OF ITS OBLIGATIONS UNDER THIS AGREEMENTANY SUCH DAMAGES. (c) The foregoing provisions in this Section 10 are to allocate the risks of this Agreement between the Parties. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYThis allocation is reflected in the compensation to be paid under this Agreement and is an essential element of the basis of the bargain between the Parties.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH NOTWITHSTANDING ANY PROVISION OF CONFIDENTIALITYTHIS CONTRACT OR THE LAW, OR (B) INFRINGEMENT OF A PARTYIT IS EXPRESSLY AGREED THAT SELLER’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER TOTAL LIABILITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, COSTS OR FOR ANY LOSS EXPENSES ARISING OUT OF PROFITS OR REVENUERELATED TO THIS CONTRACT OR ITS PRODUCTS, USEWHETHER BASED IN CONTRACT, GOODWILLWARRANTY, DATAINDEMNITY, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF TORT/EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT, AS APPLICABLE, OR, AT SELLER’S OPTION, A RETURN OF AN AMOUNT THAT WILL NOT EXCEED THE PURCHASE PRICE. ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES UNDER NO CIRCUMSTANCES WILL SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT ASSIGNS BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT ANY OTHER REMEDY, LOSS, COST, DAMAGE OR EXPENSE WHETHER DIRECT OR INDIRECT. IN NO EVENT WHATSOEVER WILL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, LIQUIDATED, EXEMPLARY OR PUNITIVE D A M A G E S , INCLUDING BUT NOT LIMITED TO, LOSS OF A DATA BREACHUSE, CYBER ATTACKINCOME, PROFIT, OR OTHER SECURITY BREACHPRODUCTION; INCREASED COST OF OPERATION; SPOILAGE OR DAMAGE TO MATERIAL OR DATA; OR CHANGE OUT COSTS. BUYER WILL INDEMNIFY, EXCEPT DEFEND AND HOLD SELLER H A R M L E S S FROM ANY LOSS, COST, EXPENSE, D A M A G E , OR CAUSE OF ACTION TO THE EXTENT CAUSED OR BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR A THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT THAT EXCEEDS THESE LIMITATIONS OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYLIABILITY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS 11.1 WE AND OUR AFFILIATES AND LICENSORS, SHALL THIRD PARTY LICENSORS WILL NOT BE LIABLE HEREUNDER TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIALRELIANCE, OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR ANY LOSS OF PROFITS OR REVENUEPROFITS, GOODWILL, USE, GOODWILLOR DATA), DATAEVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR THIRD PARTY LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR COSTS DAMAGES ARISING IN CONNECTION WITH: (i) YOUR INABILITY TO USE THE SERVICES OR LICENSOR PRODUCTS, INCLUDING AS A RESULT OF ANY (a) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES OR LICENSOR PRODUCTS, (b) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICES OR LICENSOR PRODUCTS, OR, (c) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SLAS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iii) ANY INVESTMENTS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH NUCLEAR POWER FACILITIES THIS AGREEMENT OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND YOUR USE OF MONITORED EQUIPMENT OR ACCESS TO THE SERVICES OR LICENSOR PRODUCTS; OR (iv) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN CONNECTION WITH NUCLEAR POWER FACILITIES ANY CASE, OUR AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITALOUR AFFILIATES’ AND THIRD PARTY LICENSORS’ TOTAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES AGGREGATE LIABILITY UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL WILL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT IN FOR THE ONE (1) YEAR SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 3 MONTH PERIOD PRECEDING THE EVENTS GIVING RISE CLAIM. 11.2 SECTIONS 10 AND 11 WILL NOT APPLY ONLY WHEN AND TO THE CLAIMEXTENT THAT APPLICABLE LAW SPECIFICALLY REQUIRES LIABILITY, EXCEPT DESPITE THE EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN. THESE LIMITATIONS ARE CUMULATIVE AND NOT PER INCIDENT. THIS DISCLAIMER OF LIABILITY FOR CLAIMS ARISING FROM (A) BREACH DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREUNDER SHALL FAIL OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION ITS ESSENTIAL PURPOSE. CUSTOMER HAS ACCEPTED THE DISCLAIMER OF LIABILITY FOR DAMAGES AS PART OF A BARGAIN TO INDEMNIFY GE DIGITAL FOR LOWER THE PRICE OF THE SERVICES AND LICENSOR PRODUCTS AND UNDERSTANDS THAT THE PRICES WOULD BE HIGHER IF CENTURYLINK AND ITS THIRD PARTY CLAIMS RESULTING FROM LICENSORS WERE REQUIRED TO BEAR ADDITIONAL LIABILITY FOR DAMAGES. CENTURYLINK AND ITS THIRD PARTY LICENSORS WOULD NOT AGREE TO ENTER THIS AGREEMENT WITHOUT SUCH DISCLAIMER AND LIMITATIONS ON LIABILITY. NO ORAL OR DIFFERENT TERMS WRITTEN INFORMATION OR (C) INFRINGEMENT ADVICE GIVEN BY CENTURYLINK, ITS EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR ANYONE ELSE INVOLVED IN THE PROVISION OR SUPPORT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYSERVICES AND LICENSOR PRODUCTS WILL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY AND CUSTOMER MAY NOT RELY ON SUCH INFORMATION OR ADVICE.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING 8.1 CUSTOMER ASSUMES THE ENTIRE COST OF ANY DAMAGES RESULTING FROM CUSTOMER’S USE OF THE SUBSCRIPTION SERVICE, EMBEDDED TECHNOLOGY OR INTEGRATED SERVICES (ATHE “SERVICES”), THE INFORMATION CONTAINED IN OR COMPILED IN THE SERVICES, THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) BREACH OF CONFIDENTIALITY, WITH ANY OTHER HARDWARE OR (B) INFRINGEMENT OF SOFTWARE WHETHER PROVIDED BY COMPANY OR A PARTY’S INTELLECTUAL PROPERTY RIGHTS THIRD PARTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL THE OTHER PARTY, NEITHER PARTY, INCLUDING COMPANY OR ITS AFFILIATES AND LICENSORS, SHALL SUPPLIERS BE LIABLE HEREUNDER TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTALSPECIAL, PUNITIVEDIRECT, EXEMPLARY, SPECIALINDIRECT, RELIANCE, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, REVENUE OR SAVINGS, BUSINESS INTERRUPTION, BUSINESS OPPORTUNITIES, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR ANY PERSONAL OR CUSTOMER DATA, LOSS OF GOODWILL, WORK STOPPAGE, HARDWARE OR SOFTWARE DISRUPTION, IMPAIRMENT OR FAILURE, REPAIR COSTS, TIME VALUE OR OTHER PECUNIARY LOSS, OR CONSEQUENTIAL DAMAGESLOSS OF LIFE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR THE INCOMPATIBILITY OF THE SERVICES WITH ANY LOSS OF PROFITS HARDWARE, SOFTWARE OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICESUSAGE, REGARDLESS OF THE LEGAL THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORUNDER WHICH SUCH DAMAGES ARE SOUGHT, AND BEARS EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL RISKS ASSOCIATED WITH OF THE CONTROLEXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF ANY EXCLUSION, OPERATION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION OR ARBITRATOR AND USE OF MONITORED EQUIPMENT THE COMPANY BECOMES LIABLE THEREBY FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED THE COMPANY’S TOTAL LIABILITY TO YOU OR ANY THIRD PARTIES IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES CIRCUMSTANCE IS LIMITED TO THE TOTAL AMOUNT PAID IN SUBSCRIPTION FEES TO THE COMPANY UNDER THIS AGREEMENT ARISING OUT FOR THE THREE MONTHS PRIOR TO A CLAIM OF A DATA BREACHDAMAGES BEING BROUGHT BY CUSTOMER WHETHER IN CONTRACT, CYBER ATTACK, TORT OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYOTHERWISE.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL COMPANY WILL NOT BE LIABLE HEREUNDER TO CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR ANY LOSS OF PROFITS OR REVENUEPROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, GOODWILLOR DATA), DATAEVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, COMPANY WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR COSTS DAMAGES ARISING IN CONNECTION WITH: (A) CUSTOMER INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR CUSTOMER USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) COMPANY DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT EXPENDITURES, OR COMMITMENTS BY CUSTOMER IN CONNECTION WITH NUCLEAR POWER FACILITIES THIS AGREEMENT OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND CUSTOMER USE OF MONITORED EQUIPMENT OR ACCESS TO THE SERVICE OFFERINGS; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY CUSTOMER CONTENT OR DATA. IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITALCASE, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES COMPANY AGGREGATE LIABILITY UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO WILL NOT EXCEED THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING AMOUNT CUSTOMER ACTUALLY PAYS COMPANY UNDER THIS AGREEMENT SHALL BE LIMITED TO FOR THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING SERVICE THAT GAVE RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY CLAIM DURING THE OTHER PARTY12 MONTHS BEFORE THE LIABILITY AROSE.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER THE THEORY PARTY WAS ADVISED OF LIABILITY (INCLUDING NEGLIGENCETHE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS SET FORTH ABOVE IN SECTION 8(A). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROLMATTERS ARISING FROM ITS NEGLIGENCE OR INTENTIONAL MISCONDUCT, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF A DATA BREACHOR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S INCLUDING BREACH OF ITS OBLIGATIONS CONTRACT, TORT, STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO LICENSOR UNDER THIS AGREEMENT. EACH PARTYIN NO EVENT SHALL LICENSEE’S CUMULATIVE AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID BY LICENSEE TO LICENSOR UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYAGREEMENT.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GNOSIS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL GNOSIS'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE AND AMOUNTS ACCRUED BUT NOT YET PAID TO GNOSIS UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD TWELVE MONTHS PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY. Term and Termination.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYINCLUDING NEGLIGENCE), NEITHER PARTYSTRICT LIABILITY, INCLUDING ITS AFFILIATES AND LICENSORSOTHERWISE, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT(a) CONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR CONSEQUENTIAL PUNITIVE DAMAGES, (b) INCREASED COSTS, DIMINUTION IN VALUE, OR FOR ANY LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, (c) LOSS OF PROFITS GOODWILL OR REVENUEREPUTATION, (d) USE, GOODWILLINABILITY TO USE, DATALOSS, INTERRUPTION, DELAY, OR COSTS RECOVERY OF SUBSTITUTE ANY LICENSED MATERIAL OR BREACH OF LICENSED MATERIAL OR SYSTEM SECURITY, OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROLOTHERWISE, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE EXCEED ONE HUNDRED DOLLARS (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.$100).‌

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM IN NO EVENT WILL SUB-MERCHANT, WORKWAVE, ACQUIRER, BANK, ECHECK PROCESSOR OR ANY OF WORKWAVE’S OTHER THIRD PARTY SUPPLIERS (AOR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS OF ANY OF THE FOREGOING) BREACH OF CONFIDENTIALITYBE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO ANY SERVICES OR THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE USE OF, INABILITY TO USE, OR (BUNAVAILABILITY OF THE SERVICES) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND WHATSOEVER. IN NO EVENT WILL THE MAXIMUM LIABILITY OF WORKWAVE, ACQUIRER, BANK, ECHECK PROCESSOR OR FOR ANY LOSS OF PROFITS WORKWAVE’S OTHER THIRD PARTY SUPPLIERS (OR REVENUETHE RESPECTIVE DIRECTORS, USEOFFICERS, GOODWILLEMPLOYEES, DATA, AFFILIATES OR COSTS AGENTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS ANY OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE FOREGOING) EXCEED THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES AMOUNT DUE TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES WORKWAVE UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR MONTH PERIOD IMMEDIATELY PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMCLAIM FOR LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, EXCEPT FOR CLAIMS ARISING FROM SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. Notwithstanding the foregoing, nothing contained in this section is in any way intended, or should be construed, to limit: (Ai) BREACH OF CONFIDENTIALITYSub-Merchant’s obligation to pay any Fees or other amounts owed under this Agreement, including, but not limited to, assessments or other amounts imposed by any Association, Acquirer, Bank, eCheck Processor or telecommunications services provider; (Bii) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR any damages related to the failure of Sub-Merchant to exclusively receive the Services from WorkWave; or (Ciii) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYSub- Merchant’s obligation to indemnify WorkWave pursuant to this Agreement. In no event will WorkWave be liable for any damages or losses that are wholly or partially caused by Sub-Merchant or its TPSPs, or its or their respective employees, agents, affiliates or customers, nor will WorkWave be liable to Sub-Merchant or Sub-Merchant’s customers or any other person or entity for any loss or liability resulting from the products or services of any third party.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EFILECABINET OR ANY OF ITS LICENSORS OR SERVICE PROVIDERS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYOTHERWISE, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, DAMAGE OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, USE OF DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICESBUSINESS INTERRUPTIONS, AND LOST BUSINESS OPPORTUNITY), REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE THEORY POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF EFILECABINET AND ITS LICENSORS AND SERVICE PROVIDERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE , STRICT LIABILITY, OR OTHERWISE (REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES POSSIBILITY OF SUCH DAMAGES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN SUCH DAMAGES WERE OTHERWISE FORESEEABLE), EXCEED THE PARTIES TOTAL FEES PAID BY CUSTOMER TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES EFILECABINET UNDER THIS AGREEMENT ARISING OUT DURING THE PRECEEDING 12 MONTH PERIOD. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF A DATA BREACH, CYBER ATTACK, ANY AGREED OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH REMEDY OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYESSENTIAL PURPOSE.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH YOU AGREE THAT THE LIABILITY OF CONFIDENTIALITYAVID, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORSEACH OF THEIR RESPECTIVE OFFICERS, SHALL BE LIABLE HEREUNDER DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS AND SUCCESSORS-IN-INTEREST (INDIVIDUALLY, AN “AVID PARTY” AND COLLECTIVELY, THE “AVID PARTIES”) TO YOU FOR ANY INDIRECTALL HARM, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, INJURY OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS LESSER OF (a) THE TOTAL AMOUNT OF TRANSACTION FEES PAID OR PAYABLE UNDER THIS AGREEMENT BY YOU TO AVID IN THE ONE (1) YEAR TWELVE MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO THE INITIAL NOTICE OF ANY CLAIM, EXCEPT AND (b) TEN THOUSAND DOLLARS ($10,000.00), AND THIS SHALL BE YOUR ONLY REMEDY REGARDLESS OF WHAT LEGAL THEORY IS USED TO DETERMINE THAT AVID OR ANY AVID PARTY WAS LIABLE FOR CLAIMS ARISING FROM THE HARM, DAMAGES, INJURY OR LOSS. YOU FURTHER AGREE THAT THE LIMITATION OF LIABILITY IN THIS SECTION SHALL APPLY (Ai) BREACH EVEN IF IT IS DETERMINED THAT AVID OR AN AVID PARTY CAUSED THE HARM, DAMAGES, INJURY OR LOSS TO YOU, AND (ii) TO ALL HARM, DAMAGES, INJURY OR LOSS INCURRED INCLUDING ACTUAL, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE AND LOSSES DUE TO BUSINESS INTERRUPTION, LOSS OF CONFIDENTIALITYPROFITS, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL PERSONAL INJURY OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYDEATH.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL GNOSIS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER GNOSIS WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL GNOSIS'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED TWO (2) TIMES THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE AND AMOUNTS ACCRUED BUT NOT YET PAID TO GNOSIS UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD MONTH PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT IN NO EVENT WILL OMNIBYTE BE LIABLE UNDER OR IN CONNECTION WITH THIS ▇▇▇▇ UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR CLAIMS ARISING FROM ANY: (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (D) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER OMNIBYTE WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL OMNIBYTE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS ▇▇▇▇ UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇, STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO OMNIBYTE UNDER THIS ▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL WE WILL NOT BE LIABLE HEREUNDER UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARYMULTIPLE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY HOWSOEVER CAUSED, (INCLUDING BUT NOT LIMITED TO COSTS OF COVER, LOST PROFITS, LOST DATA, LOSS OF PROFITS BUSINESS, LOSS OF GOODWILL OR LOSS OF REVENUE, USE, GOODWILL, DATA) THAT YOU MIGHT INCUR UNDER THE CONTRACT, OR COSTS OF SUBSTITUTE GOODS THAT MAY ARISE FROM OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES, REGARDLESS EVEN IF WE HAD NOTICE OF THE THEORY POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR MAXIMUM AGGREGATE LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT ARISING OUT OF OR IN CONNECTION WITH NUCLEAR POWER FACILITIES THE CONTRACT, OR LIFE SUPPORT EQUIPMENT ANY PRODUCT OR SERVICE, IS LIMITED TO THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE PURCHASED. HOWEVER, THESE PROVISIONS DO NOT LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. 13.2 DELIVERY DATES AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, TIMES ARE ESTIMATES ONLY AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL WE WILL NOT BE LIABLE (IN CONTRACT, DELICT, TORT OR OTHERWISE) FOR ANY LOSSES, EXPENSES, CLAIMS OR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYLATE DELIVERY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED TWO TIMES THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO PROVIDER UNDER THIS AGREEMENT IN THE ONE (1) ONE-YEAR PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL GEOCOMM BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER GEOCOMM WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL GEOCOMM'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO GEOCOMM UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYINCLUDING NEGLIGENCE), NEITHER PARTYSTRICT LIABILITY, INCLUDING ITS AFFILIATES AND LICENSORSOTHERWISE, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT(a) CONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR CONSEQUENTIAL PUNITIVE DAMAGES, (b) INCREASED COSTS, DIMINUTION IN VALUE, OR FOR ANY LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, (c) LOSS OF PROFITS GOODWILL OR REVENUEREPUTATION, (d) USE, GOODWILLINABILITY TO USE, DATALOSS, INTERRUPTION, DELAY, OR COSTS RECOVERY OF SUBSTITUTE ANY LICENSED MATERIAL OR BREACH OF LICENSED MATERIAL OR SYSTEM SECURITY, OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE‌ THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROLOTHERWISE, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE EXCEED TEN THOUSAND DOLLARS (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY$10,000).

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM THIS SECTION APPLIES TO LIABILITY UNDER CONTRACT (A) INCLUDING BREACH OF CONFIDENTIALITYWARRANTY), TORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY), AND ANY OTHER LEGAL OR EQUITABLE FORM OF CLAIM. IF YOU INITIATE ANY CLAIM, ACTION, SUIT, ARBITRATION, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO PROCEEDING UNDER THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORTO THE EXTENT PERMITTED BY APPLICABLE LAW, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, THAWTE SHALL NOT BE LIABLE FOR (I) ANY LOSS OF PROFIT, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS, OR (II) ANY INDIRECT OR CONSEQUENTIAL LOSS. THAWTE'S TOTAL LIABILITY FOR DAMAGES SUSTAINED BY YOU AND ANY THIRD PARTY FOR ANY USE OR RELIANCE ON A CERTIFICATE SHALL BE LIMITED, IN THE AGGREGATE, TO THE LARGER OF: USD$2,000 OR TWO TIMES THE AMOUNT PAID FOR THE CERTIFICATE. THE LIABILITY LIMITATIONS PROVIDED IN THIS SECTION SHALL BE THE SAME REGARDLESS OF THE NUMBER OF DIGITAL SIGNATURES, TRANSACTIONS, OR CLAIMS RELATED TO SUCH CERTIFICATE. NOTWITHSTANDING THE FOREGOING, THAWTE’S LIABIILTY SHALL NOT BE LIMITED UNDER THIS AGREEMENT SECTION IN CASES OF PERSONAL INJURY OR DEATH ARISING OUT FROM THAWTE’S NEGLIGENCE OR TO ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED BY APPLICABLE LAW (INCLUDING MANDATORY LAWS OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT ANY APPLICABLE JURISDICTION). TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE CERTAIN LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED LIMITATIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYYOU.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH NOTWITHSTANDING ANY PROVISION OF CONFIDENTIALITYTHIS CONTRACT OR THE LAW, OR (B) INFRINGEMENT OF A PARTYIT IS EXPRESSLY AGREED THAT SELLER’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER TOTAL LIABILITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, COSTS OR FOR ANY LOSS EXPENSES ARISING OUT OF PROFITS OR REVENUE, USE, GOODWILL, DATA, RELATED TO THIS CONTRACT OR COSTS OF SUBSTITUTE GOODS ITS PRODUCTS OR SERVICES, REGARDLESS OF THE THEORY OF W HETHER BASED IN CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT OR SERVICES OR, AT SELLER’S OPTION, A RETURN OF AN AMOUNT THAT WILL NOT EXCEED THE PURCHASE PRICE. ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES UNDER NO CIRCUMSTANCES WILL SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT ASSIGNS BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT ANY OTHER REMEDY, LOSS, COST, DAMAGE OR EXPENSE W HETHER DIRECT OR INDIRECT. IN NO EVENT WHATSOEVER WILL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, LIQUIDATED, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF A DATA BREACHUSE, CYBER ATTACKINCOME, PROFIT, OR OTHER SECURITY BREACHPRODUCTION; INCREASED COST OF OPERATION; SPOILAGE OR DAMAGE TO MATERIAL OR DATA; OR CHANGE OUT COSTS. BUYER WILL INDEMNIFY, EXCEPT DEFEND AND HOLD SELLER H AR M LESS FROM ANY LOSS, COST, EXPENSE, D AM AGE, OR CAUSE OF ACTION TO THE EXTENT CAUSED OR BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR A THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT THAT EXCEEDS THESE LIMITATIONS OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYLIABILITY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL VENDOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER VENDOR WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL VENDOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME AMOUNT OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES AMOUNTS PAID TO VENDOR UNDER THIS AGREEMENT ARISING OUT OF FOR A DATA BREACH, CYBER ATTACK, SINGLE DEVICE OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT DEVICES PURCHASED IN THE ONE (1) YEAR 12 MONTHS PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (iv) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BS&A WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL ’EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID AND/OR PAYABLE TO BS&A UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.TWELVE

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (Ba) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKSTRICT LIABILITY, OR OTHER SECURITY BREACH, EXCEPT TO OTHERWISE EXCEED THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO PROVIDER UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (Ba) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKSTRICT LIABILITY, OR OTHER SECURITY BREACH, EXCEPT TO OTHERWISE EXCEED THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO PROVIDER UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.CLAIM.‌

Limitations of Liability. EXCEPT SCANTRON’S ENTIRE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, FOR CLAIMS ANY CLAIM ARISING FROM (A) BREACH OR RELATED TO THIS AGREEMENT OR ANY PRODUCTS, SERVICES, DELIVERABLES OR OTHER ITEMS FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT, WILL IN NO EVENT EXCEED THE FEES PAID TO SCANTRON BY CUSTOMER FOR THE APPLICABLE ITEM WHICH IS THE BASIS FOR THE CLAIM DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF CONFIDENTIALITYTHE EVENT GIVING RISE TO THE CAUSE OF ACTION, OR (B) INFRINGEMENT NOTWITHSTANDING ANY FAILURE OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NO ACTION RELATED TO THIS AGREEMENT MAY BE BROUGHT MORE THAN 2 YEARS AFTER THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL OCCURRENCE OF THE EVENT GIVING RISE TO THE CAUSE OF ACTION. IN NO EVENT WILL SCANTRON BE LIABLE HEREUNDER TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR LOST DATA, LOST PROFITS, INTEREST OR COST OF MONEY; OR FOR COVER; OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACHSCANTRON’S PERFORMANCE OR NONPERFORMANCE OR THE USE OF, CYBER ATTACKINABILITY TO USE OR RESULTS OF USE OF ANY PRODUCTS, SERVICES, DELIVERABLES, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYITEMS.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, LIQUIDATED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO PROVIDER UNDER THIS AGREEMENT IN THE ONE (1) YEAR TWELVE MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMCLAIM OR CUSTOMER’S ACTUAL DAMAGES, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYWHICHEVER IS LESS.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, COMPANY SHALL NOT BE LIABLE FOR DAMAGES ANY DAMAGE TO, OR LOSS OF, ANY CUSTOMER EQUIPMENT, SOFTWARE, FIRMWARE OR DATA, RESULTING FROM ANY CAUSE OTHER THAN FROM THE WILLFUL MISCONDUCT OF COMPANY. UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACHNO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY CLAIMING BY OR THROUGH CUSTOMER (INCLUDING ANY END USER OR ANY OTHER PERSON ACCESSING THE SERVICES BY OR THROUGH CUSTOMER) FOR ANY PUNITIVE, CYBER ATTACKINDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER SECURITY BREACHSIMILAR DAMAGES; INCLUDING, EXCEPT TO BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS, LOST SALES, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE OR EQUIPMENT, EVEN IF COMPANY HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN, OF THE EXTENT CAUSED BY GE DIGITAL’S BREACH POSSIBILITY OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS SUCH DAMAGES, WHETHER ARISING UNDER THIS AGREEMENT SHALL BE LIMITED THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. UNDER NO CIRCUMSTANCES, AND REGARDLESS OF THE LEGAL THEORY, WILL COMPANY’S LIABILITY TO CUSTOMER FOR DIRECT DAMAGES, COSTS OR OTHER LIABILITIES EXCEED THE CUMULATIVE AMOUNTS AMOUNT OF FEES PAID OR PAYABLE UNDER BY CUSTOMER HEREUNDER DURING THE (THREE) 3-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE SUCH CLAIM AROSE. THE PARTIES ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE ONE (1) YEAR PERIOD PRECEDING LIMITATIONS OF LIABILITY AND THE EVENTS GIVING RISE TO DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH SAME FORM AN ESSENTIAL BASIS OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYBARGAIN BETWEEN THE PARTIES.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF CONFIDENTIALITY, AIRCALL OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, EXCEED ONE TIME THE TOTAL AMOUNTS PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM GIVING RISE TO SUCH DAMAGES OR ONE HUNDRED DOLLARS (US$100) IF FOR A FREE TRIAL PERIOD. IN NO EVENT SHALL AIRCALL OR ITS AFFILIATES BE LIABLE HEREUNDER FOR FOR: (I) ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVEEXEMPLARY, EXEMPLARYREPUTATIONAL, SPECIAL, OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES OF ANY KIND SUCH AS LOSS OF DATA OR PROFIT, OR FOR ANY BUSINESS INTERRUPTION, LOSS OF PROFITS BUSINESS OPPORTUNITY, HARM TO THE IMAGE OR REVENUEREPUTATION, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS WHETHER IN ANY OF THE FOREGOING, ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY (INCLUDING NEGLIGENCE)EVEN IF AIRCALL OR ITS AFFILIATES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES ANY CLAIM OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND CAUSE OF ACTION RESULTING FROM CUSTOMER’S USE OF MONITORED EQUIPMENT THE SITE AND THE SERVICES MUST BE PROVIDED OFFICIALLY IN CONNECTION WRITING TO AIRCALL BY REGISTERED MAIL WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING RECEIPT ACKNOWLEDGEMENT ADDRESSED TO ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE HEAD OFFICE WITHIN ONE (1) YEAR PERIOD PRECEDING AFTER THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH CLAIM OR CAUSE OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL ACTION HAS ARISEN OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS IT SHALL BE DEEMED WAIVED BY THE OTHER PARTYCUSTOMER.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY8.1 For purposes of all indemnity obligations, OR (B) INFRINGEMENT OF A exclusive remedies and limitations of liability set forth in this Agreement, "ACC" shall be defined as ACC Business, its Affiliates, and its and their employees, directors, officers, agents, representatives, subcontractors, interconnection service providers and suppliers; and "You" shall be defined as You, Your Affiliates, and Your and their employees, directors, officers, agents, and representatives; and "Damages" will refer collectively to all injury, damage, liability, loss, penalty, interest and expense incurred. 8.2 EITHER PARTY’S INTELLECTUAL PROPERTY RIGHTS BY ENTIRE LIABILITY AND THE OTHER PARTY’S EXCLUSIVE REMEDIES, FOR ANY DAMAGES CAUSED BY ANY SERVICE DEFECT OR FAILURE, OR FOR OTHER CLAIMS ARISING IN CONNECTION WITH ANY SERVICE OR OBLIGATIONS UNDER THIS AGREEMENT SHALL BE: (i) FOR BODILY INJURY OR DEATH TO ANY PERSON, OR REAL OR TANGIBLE PROPERTY DAMAGE, NEGLIGENTLY CAUSED BY A PARTY, OR DAMAGES ARISING FROM THE WILLFUL MISCONDUCT OF A PARTY OR ANY BREACH OF ARTICLES 4 OR 5, THE OTHER PARTY’S RIGHT TO PROVEN DIRECT DAMAGES; (ii) FOR INTELLECTUAL PROPERTY INFRINGEMENT, THE REMEDIES SET FORTH IN ARTICLE 10; (iii) FOR DAMAGES OTHER THAN SET FORTH ABOVE IN THIS SECTION 8.2 AND NOT EXCLUDED UNDER THIS AGREEMENT, EACH PARTY’S LIABILITY SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED IN THE AGGREGATE DURING ANY TWELVE (12) MONTH PERIOD AN AMOUNT EQUAL TO THE TOTAL NET PAYMENTS MADE BY YOU FOR THE AFFECTED SERVICE DURING THE ONE (1) MONTH PRECEDING THE MONTH IN WHICH THE DAMAGE OCCURRED. THIS SHALL NOT LIMIT YOUR RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE CHARGES UNDER THIS AGREEMENT. 8.3 EXCEPT FOR THE PARTIES' ARTICLE 10 OBLIGATIONS, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, PARTY SHALL BE LIABLE HEREUNDER TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, RELIANCE OR CONSEQUENTIAL SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR FOR REVENUES OF ANY LOSS KIND OR INCREASED COST OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, OPERATIONS. 8.4 ACC ALSO SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACHOR RELATING TO: INTEROPERABILITY, CYBER ATTACKACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, EQUIPMENT, SERVICES, CONTENT OR OTHER SECURITY BREACHNETWORKS PROVIDED BY YOU OR THIRD PARTIES; SERVICE INTERRUPTIONS OR LOST OR ALTERED MESSAGES OR TRANSMISSIONS (EXCEPT FOR CREDIT ALLOWANCES SPECIFIED IN THE AT&T SERVICE GUIDE); OR, UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF YOUR, USERS' OR THIRD PARTIES' APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK OR SYSTEMS. 8.5 EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER AS EXPRESSLY PROVIDED IN THIS AGREEMENT. EACH PARTY’S CUMULATIVE , ACC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. 8.6 THE LIMITATIONS OF LIABILITY FOR CLAIMS ARISING UNDER SET FORTH IN THIS AGREEMENT SHALL BE LIMITED TO APPLY: (i) REGARDLESS OF THE CUMULATIVE AMOUNTS PAID FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR PAYABLE UNDER OTHERWISE; AND (ii) WHETHER OR NOT DAMAGES WERE FORESEEABLE. THESE LIMITATIONS OF LIABILITY SHALL SURVIVE FAILURE OF ANY EXCLUSIVE REMEDIES PROVIDED IN THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO PROVIDER UNDER THIS AGREEMENT IN THE ONE (1) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY THE OTHER PARTYAPPLICABLE LAW, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL PARTY WILL BE LIABLE HEREUNDER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, DAMAGES ARISING OUT OF OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES RELATED TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, THE SOFTWARE, THE RUVIXX TECHNOLOGY OR ANY OTHER ITEMS PROVIDED BY, THROUGH OR ON BEHALF OF RUVIXX, HOWEVER SUCH LOSS IS SOLELY RESPONSIBLE FORCAUSED, AND BEARS ALL RISKS ASSOCIATED UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE OBLIGATION TO PAY FOR FEES, GUARANTEES AND SERVICES ALREADY RENDERED, NEITHER PARTY’S TOTAL AGGREGATE LIABILITY SHALL EXCEED THE AGGREGATE FEES PAID OR PAYABLE BY CUSTOMER TO RUVIXX FOR PROPER PERFORMANCE HEREUNDER FOR THE APPLICABLE SERVICES RELATING TO THE LIABILITY. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY WITH THE CONTROLRESPECT TO: (I) FRAUD, OPERATION(II) WILLFUL MISCONDUCT, (III) GROSS NEGLIGENCE, (IV) OBLIGATIONS UNDER SECTION 13 MUTUAL INDEMNIFICATION, (V) BREACHES RELATING TO CONFIDENTIAL INFORMATION OR CUSTOMER DATA, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND (VI) ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIESOTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW . GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT NO CLAIM MAY BE LIABLE FOR DAMAGES BROUGHT BY A PARTY UNDER THIS AGREEMENT ARISING OUT MORE THAN ONE YEAR AFTER THE ACCRUAL OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN CONNECTION WITH THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER THESE TERMS OR IN CONNECTION WITH THE PLATFORM UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER UWW WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS UNDER SECTION 7, IN NO EVENT WILL EITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER ARISING OUT OF OR RELATED TO THE PLATFORM, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND TOTAL FEES PAID BY PROVIDER TO UWW FOR USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT PLATFORM IN THE ONE (1) YEAR TWELVE MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS WE AND OUR AFFILIATES AND LICENSORS, SHALL LICENSORS WILL NOT BE LIABLE HEREUNDER TO YOU UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR ANY LOSS OF PROFITS OR REVENUEPROFITS, REVENUES, CUSTOMERS, OPPORTUNITIES, GOODWILL, USE, GOODWILLOR DATA), DATAEVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR COSTS DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER THE SERVICE LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH NUCLEAR POWER FACILITIES THIS AGREEMENT OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND YOUR USE OF MONITORED EQUIPMENT OR ACCESS TO THE SERVICE OFFERINGS; (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; OR (E) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL. IN CONNECTION WITH NUCLEAR POWER FACILITIES ANY CASE, EXCEPT FOR PAYMENT OBLIGATIONS UNDER SECTION 9.2, OUR AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES OUR AFFILIATES’ AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES ’ AGGREGATE LIABILITY UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO WILL NOT EXCEED THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT SHALL BE LIMITED TO FOR THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING SERVICE THAT GAVE RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE. THE LIMITATIONS IN THIS SECTION 11 APPLY ONLY TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS THE MAXIMUM EXTENT PERMITTED BY THE OTHER PARTYAPPLICABLE LAW.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY11.01 End-User acknowledges that the Software along with the Documentation, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE)Maintenance and any Services provided hereunder are only an aid in End-Users development and manufacture of End-Users products and is not intended as a substitute for sound engineering judgment. ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENTINC. will not be liable in any manner whatsoever for the data output obtained through use of the Software. End-User shall, at its own expense, indemnify, defend and hold ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIESINC. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1harmless from and against any claim(s) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ brought against ▇▇▇▇▇▇’ OBLIGATION ▇ INC. by a third party arising out of, or related to, End-User’s use of the data output obtained from use of the Software. 11.02 NEITHER ▇▇▇▇▇▇▇ INC. NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING LOST DATA, SAVINGS, PROFITS OR REVENUES) ARISING FROM OR RELATED TO INDEMNIFY GE DIGITAL THIS AGREEMENT, EVEN IF ▇▇▇▇▇▇▇ INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR CLAIM. ▇▇▇▇▇▇▇ INC.’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO AND WILL IN NO EVENT EXCEED THE AMOUNT ACTUALLY PAID BY END-USER TO ▇▇▇▇▇▇▇ INC. UNDER THIS AGREEMENT FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL THE SPECIFIC ITEM THAT IS THE SUBJECT MATTER OF, OR DIFFERENT TERMS IS DIRECTLY RELATED TO THE CAUSE OF ACTION. END-USER ACKNOWLEDGES THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT ▇▇▇▇▇▇▇ INC. WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR (C) INFRINGEMENT RELATING TO THIS AGREEMENT MAY BE BROUGHT BY END-USER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUED. TO THE EXTENT ANY APPLICABLE LAW LIMITS THE SCOPE OF THIS SECTION 11.02, THIS AGREEMENT SHALL BE INTERPRETED TO CONFORM TO SUCH LAW IN A PARTYMANNER THAT LIMITS ▇▇▇▇▇▇▇ INC.’S INTELLECTUAL PROPERTY RIGHTS LIABILITY TO THE FULLEST EXTENT ALLOWED BY THE OTHER PARTYLAW.

Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR CLAIMS LIABILITY ARISING FROM OUT OF: (Ai) BREACH PERSONAL INJURY OR DEATH; (ii) MISUSE OR VIOLATION OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTYDRAGOS’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER CUSTOMER; (iii) PAYMENT OBLIGATIONS FOR OFFERINGS; (iv) WILLFUL MISCONDUCT OR FRAUD BY A PARTY; AND/OR (v) AMOUNTS PAYABLE TO THIRD PARTIES UNDER SECTION 9 (INDEMNIFICATION), NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL IN NO EVENT WILL: (a): EITHER PARTY BE LIABLE HEREUNDER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEOR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, EXEMPLARYWITHOUT LIMITATION, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS PROFITS, DATA OR REVENUEINFORMATION, USE, GOODWILL, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS PRODUCTS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT BUSINESS INTERRUPTION) ARISING OUT OF A DATA BREACHOR RELATED TO THIS AGREEMENT AND ANY PRODUCTS OR SERVICES, CYBER ATTACK, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR OTHER SECURITY BREACH, EXCEPT RELATED TO THIS AGREEMENT AND ANY OFFERINGS EXCEED THE EXTENT CAUSED FEES PAID OR PAYABLE BY GE DIGITAL’S BREACH CUSTOMER FOR THE APPLICABLE OFFERING WHICH IS THE SUBJECT OF ITS OBLIGATIONS UNDER SUCH CLAIM IN THE TWELVE (12) MONTHS PERIOD BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR MULTIPLE CLAIMS ARISING UNDER SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYSECTION.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ IN NO EVENT WILL ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT BE LIABLE UNDER OR IN CONNECTION WITH NUCLEAR POWER FACILITIES THIS AGREEMENT UNDER ANY LEGAL OR LIFE SUPPORT EQUIPMENT EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND AS BETWEEN THE PARTIES OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO THIS AGREEMENTUSE, ▇▇▇▇▇ LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH WAS ADVISED OF THE CONTROL, OPERATION, AND USE POSSIBILITY OF MONITORED EQUIPMENT SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ NO EVENT WILL ▇▇▇▇▇▇’ OBLIGATION 'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL THIS AGREEMENT UNDER ANY LEGAL OR DIFFERENT TERMS EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO ▇▇▇▇▇▇ UNDER THIS AGREEMENT IN THE SIX MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY$1,000 WHICHEVER IS GREATER.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL ICOMPLIANCE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (Ba) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) BUSINESS INTERRUPTION, INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, BREACH OF DATA OR COSTS SYSTEM SECURITY, OR COMPUTER FAILURE OR MALFUNCTION; (e) COST OF SUBSTITUTE REPLACEMENT GOODS OR SERVICES; or (f) PERSONAL INJURY OR PROPERTY DAMAGE, IN EACH CASE REGARDLESS OF WHETHER ICOMPLIANCE WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ICOMPLIANCE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKSTRICT LIABILITY, OR OTHER SECURITY BREACH, EXCEPT OTHERWISE EXCEED THE TOTAL SERVICE PREMIUMS ACTUALLY PAID TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS ICOMPLIANCE UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT THESE TERMS IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF CONFIDENTIALITYICOMPLIANCE SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. For the avoidance of doubt, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY“Total Service Premiums” as used in this Section 24.1, means the aggregate total of all Service Premiums paid by you to iCompliance or deducted by iCompliance from your Sales Proceeds and does not include any Seller Fees or other Program fees.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL EVEMETA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (Ba) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER EVEMETA WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL EVEMETA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKSTRICT LIABILITY, OR OTHER SECURITY BREACH, EXCEPT OTHERWISE EXCEED THE TOTAL AMOUNT PAID TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE EVEMETA UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO LICENSOR UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, IN NO EVENT SHALL EPIC PARTIES BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR CONSEQUENTIAL PUNITIVE DAMAGES, OR INCLUDING FOR ANY LOSS OF PROFITS OR REVENUEPROFITS, DATA, USE, GOODWILL, DATAOR OTHER INTANGIBLE LOSSES, OR COSTS WHETHER BASED ON BREACH OF SUBSTITUTE GOODS OR SERVICESCONTRACT, REGARDLESS BREACH OF THE THEORY OF LIABILITY WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE WITHOUT LIMITING THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENTFOREGOING, ▇▇▇▇▇ ▇▇▇▇▇▇ IS YOU EXPRESSLY AGREE THAT YOU ARE SOLELY RESPONSIBLE FORFOR ANY DAMAGES OR LOSSES RESULTING FROM: 1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR SERVICES; 2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING OUR SERVICES; 3. ANY CONTENT OBTAINED FROM OUR SERVICES; 4. ANY USE OR NON-USE OF YOUR STREAMING FOOTAGE; OR 5. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND BEARS ALL RISKS ASSOCIATED WITH EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FURTHER, TO THE CONTROLMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL THE EPIC PARTIES’ AGGREGATE LIABILITY WILL NOT BE LIABLE EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) FOR DAMAGES THE SERVICES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO DURING THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR PERIOD MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYSUCH LIABILITY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) OTHER THAN AS SET FORTH HEREIN, IN NO EVENT WILL CIRCADIANCE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES, (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, OR (Bd) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR CONSEQUENTIAL PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. OTHER THAN AS SET FORTH HEREIN, IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF EITHER PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE LICENSE FEES RECEIVED BY CIRCADIANCE OR PAID BY SUBSCRIBER FOR THE PRECEEDING ONE YEAR PERIOD. ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE FAILURE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, AGREED OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH REMEDY OF ITS OBLIGATIONS UNDER THIS AGREEMENTESSENTIAL PURPOSE. EACH THE FOREGOING LIMITATION DOES NOT APPLY TO EITHER PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYINDEMNIFICATION OBLIGATIONS HEREIN.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE COST OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT THE SERVICE INVOICED TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY PROVIDER FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT YEAR IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYQUESTION.

Limitations of Liability. EXCEPT BANK WILL ONLY BE LIABLE FOR CLAIMS ARISING FROM DAMAGES, WHICH ARE THE DIRECT RESULT OF BANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT WILL BANK BE RESPONSIBLE FOR: (A) BREACH OF CONFIDENTIALITYANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA REGARDLESS OF WHETHER IT WAS ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF; (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUEDAMAGE TO YOU OR TO ANY USER, USEDIRECT OR CONSEQUENTIAL, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF OR IN ANY WAY RELATED TO ACTS OR OMISSIONS OF AGENT OR ANY THIRD PARTIES INCLUDING, BUT NOT LIMITED TO, A DATA BREACHTHIRD PARTY PROVIDER, CYBER ATTACKTHE FRBNY, OTHER BANKS WITH WHICH YOU DEAL OR ANY FINANCIAL INSTITUTION THAT RECEIVES OR ORIGINATES ENTRIES OR PAYS ELECTRONIC DEBITS FROM THE ACCOUNTS OF THE PAYOR OF ANY ITEM; OR (C) ANY DAMAGES OR CLAIMS RESULTING FROM SOFTWARE MALFUNCTIONS OR INTERRUPTIONS, OR OTHER SECURITY BREACH, EXCEPT FAILURE ON YOUR PART TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF TAKE ANY ACTION NECESSARY FOR BANK TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTYIN NO EVENT SHALL BANK’S CUMULATIVE LIABILITY RELATED TO THIS SERVICE EXCEED THE FEES ACTUALLY PAID BY YOU TO BANK FOR CLAIMS ARISING UNDER THE SERVICE FOR THE TWO (2) CALENDAR MONTHS PRECEDING THE MONTH IN WHICH THE EVENT CAUSING THE LIABILITY DAMAGES. THE FORGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS AGREEMENT SHALL LIMITATION OF LIABILITY WILL NOT APPLY WHERE PROHIBITED BY THE LAWS GOVERNING THE ACCOUNT. YOU ACKNOWLEDGE THAT WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM DEFECTS OR VIRUSES, OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, INCLUDING OUR AFFILIATES AND AGENTS, DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE AS TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM SERVICE AND ALL INFORMATION SERVICES AND OTHER CONTENT (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR INCLUDING THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY ACCESSIBLE THROUGH THE OTHER PARTYSERVICE.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYBALLISTICS MAKES NO WARRANTIES, EITHER EXPRESS OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORIMPLIED, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR WARRANTIES OF FITNESS OF PURPOSE, COMPLIANCE WITH LOCAL, STATE, FEDERAL OR ANY OTHER GOVERNING BODY REGULATIONS, STATUTES AND RULES RELATING TO THE PAWN SHOP INDUSTRY, MERCHANTABILITY, AND NON- INFRINGEMENT. IN NO EVENT SHALL BALLISTICS BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT FOR ANY REASON WHATSOEVER, INCLUDING AS A RESULT OF ACTS OF GOD, FIRES, VANDALISM, ACCIDENT, MISUSE, PROGRAMMING ERRORS, ENVIRONMENTAL CONDITIONING FAILURES, OR ELECTRICAL LINE NOISE AND POWER FAILURES OR FAILURE OF CUSTOMER TO ADHERE TO BALLISTIC’S PROCEDURAL REQUIREMENTS, OR FOR LOST REVENUE, LOSS OF PROFITS, SAVINGS, OR OTHER INDIRECT OR CONTINGENT EVENT-BASED ECONOMIC LOSS ARISING OUT OF A DATA BREACH, CYBER ATTACKOR IN CONNECTION WITH THIS AGREEMENT, OR OTHER SECURITY BREACHANY SERVICES PERFORMED OR SOFTWARE OR EQUIPMENT SUPPLIED HEREUNDER, EXCEPT OR BY THE INABILITY TO USE THE EXTENT SOFTWARE, ANY LOSS OR INTERRUPTION OF DATA, TECHNOLOGY OR SERVICES, OR FOR ANY BREACH HEREOF, OR FOR ANY DAMAGES CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS ANY DELAY IN FURNISHING SERVICES UNDER THIS AGREEMENT, EVEN IF BALLISTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EACH PARTY’S CUMULATIVE BALLISTICS AGGREGATE LIABILITY TO CUSTOMER FOR CLAIMS ARISING UNDER THIS AGREEMENT DAMAGES FROM ANY AND ALL CAUSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR NEGLIGENCE, SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS AMOUNT OF ACTUAL DIRECT DAMAGES INCURRED BY MEMBER, NOT TO EXCEED THE AMOUNT OF FEES PAID OR PAYABLE UNDER THIS AGREEMENT TO MEMBER FOR THE SERVICES DURING THE YEAR IN WHICH THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH CAUSE OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYACTION ACCRUED.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL THE PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESAGGRAVATED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE, OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER THE THEORY PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL THE PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE LESSER OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT (i) THE TOTAL AMOUNTS PAID TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE PROVIDER UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS CLAIM OR (Cii) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY$10,000.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE PO UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY PO UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THREE TIMES THE CONTROL, OPERATION, TOTAL AMOUNTS PAID AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL AMOUNTS ACCRUED BUT NOT BE LIABLE FOR DAMAGES YET PAID TO PROVIDER UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT AND ANY PO IN THE ONE (1) YEAR THREE-MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMCLAIM OR $100,000, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYWHICHEVER IS LESS.

Limitations of Liability. 7.1 Notwithstanding any provision to the contrary, Assignee shall indemnify and hold Assignor and its Affiliates harmless against all losses, costs and expenses (including employee time and attorneys’ fees) arising from Assignee’s activities relating to defense, enforcement or licensing of any Transferred Patents. 7.2 EXCEPT FOR CLAIMS ARISING FROM IN THE CASE OF ANY (A1) BREACH OF CONFIDENTIALITY, OR (B2) INFRINGEMENT INTENTIONAL MISREPRESENTATION BY ANY PARTY: *Please note parts of this Agreement are designated with an asterisk which indicates that material has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. Huawei Inventergy Confidential 13 / 65 7.2.1 THE TOTAL LIABILITY OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY EITHER PARTY TO THE OTHER PARTY, UNDER THIS AGREEMENT WILL NOT EXCEED THE TOTAL PAYMENT PAID BY ASSIGNEE FOR THE ASSIGNED RIGHTS; AND 7.2.2 NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, PARTY SHALL BE LIABLE HEREUNDER LIABLE, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, FOR ANY INDIRECTPUNITIVE, INCIDENTAL, PUNITIVESPECIAL, EXEMPLARY, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGESDAMAGES WHATSOEVER, OR FOR ANY LOSS OF ACTUAL OR ANTICIPATED PROFITS OR REVENUE, USELOSS OF BUSINESS OPPORTUNITY, INCREASED FINANCING OR BORROWING COSTS, INCREASED COST OF CAPITAL, LOSS OF GOODWILL, DATABUSINESS INTERRUPTIONS, CLAIMS OF CUSTOMERS, INCREASED EXPENSE OF OPERATION, OR COSTS OF SUBSTITUTE GOODS OR SERVICESSIMILAR CLAIMS, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT WHICH IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENTANY WAY ARISE OUT OF, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKRELATE TO, OR OTHER SECURITY BREACHARE A CONSEQUENCE OF, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S ANY PERFORMANCE OR NONPERFORMANCE HEREUNDER OR BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYHEREOF.

Limitations of Liability. EXCEPT THE LIABILITY OF ANY PARTY FOR CLAIMS ARISING FROM (A) A CLAIM ASSERTED BY ANY OTHER PARTY BASED ON A BREACH OF CONFIDENTIALITYANY COVENANT UNDER, AGREEMENT IN, OR UNDERTAKING REQUIRED BY, THIS AGREEMENT SHALL NOT EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE "MAXIMUM LIABILITY AMOUNT" (AS HEREINAFTER DEFINED) CALCULATED FOR THE FISCAL YEAR (SUBJECT TO THE LAST TWO SENTENCES OF THIS SECTION) IMMEDIATELY PRIOR TO THE YEAR IN WHICH SUCH LIABILITY ARISES; PROVIDED THAT THE MAXIMUM LIABILITY AMOUNT SHALL NOT BE APPLICABLE IN RESPECT OF ANY CLAIMS BASED ON A PARTY'S (i) GROSS NEGLIGENCE, (ii) WILLFUL MISCONDUCT, (iii) IMPROPER USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION, (iv) VIOLATIONS OF LAW, OR (Bv) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACHPERSON OR ENTITY WHO IS NOT A PARTY HERETO OR THE SUBSIDIARY OF A PARTY HERETO. For purposes hereof, CYBER ATTACK"Maximum Liability Amount" means, OR OTHER SECURITY BREACHfor any fiscal year, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENTthe amount equal to 1.25% of PI's annual gross revenues that are attributable to the use of the FNF Title Plants and/or use of the Software, as determined in accordance with generally accepted accounting principles consistently applied throughout the applicable period. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE In the event that liability hereunder shall arise during the first 2 calendar years of the effectiveness of this Agreement (1i.e., arising any time prior to December 31, 2005 ), for purposes of calculating the Maximum Liability Amount, the amount of PI's annual gross revenues shall be equal to the product of (x) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIMthe average monthly gross revenues that are attributable to the use of the FNF Title Plants and/or use of the Software for the entire period immediately prior to the date on which such liability arises, EXCEPT FOR CLAIMS ARISING FROM multiplied by (Ay) BREACH OF CONFIDENTIALITY12. Without limiting and subject to the foregoing and to Section 7.02, the parties acknowledge that if the obligation to provide Services under this Agreement is terminated pursuant to Sections 8.01(c), (Be) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR or (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYh), then PI shall be liable for compensatory damages in an amount equal to the actual increased marginal costs incurred by the Companies in obtaining updated title plant information from the FNF Title Plants.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES BUYER SHALL NOT BE ENTITLED TO AND LICENSORS, SHALL BE AVNET WILL NOT LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGESDAMAGES OF ANY KIND OR NATURE, OR FOR ANY INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, LOSS OF PROFITS PROFIT OR REVENUE, USE, GOODWILL, LOSS OF DATA, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, COSTS OR EXPENSES ASSOCIATED WITH WARRANTY OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS, INJURY TO REPUTATION OR LOSS OF SUBSTITUTE GOODS OR SERVICESCUSTOMERS, REGARDLESS EVEN IF AVNET HAS BEEN ADVISED OF THE THEORY POSSIBILITY OF LIABILITY (INCLUDING NEGLIGENCE)SUCH DAMAGES. ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL THE PRODUCT AND DOCUMENTATION ARE NOT DESIGNED, AUTHORIZED OR WARRANTED TO BE SUITABLE FOR USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES MEDICAL, MILITARY, AIR CRAFT, SPACE OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN NOR IN APPLICATIONS WHERE FAILURE OR MALFUNCTION OF THE PARTIES PRODUCT CAN REASONABLY BE EXPECTED TO THIS AGREEMENTRESULT IN A PERSONAL INJURY, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND DEATH OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE. INCLUSION OR USE OF MONITORED PRODUCT IN SUCH EQUIPMENT OR APPLICATIONS, WITHOUT PRIOR AUTHORIZATION IN CONNECTION WITH NUCLEAR POWER FACILITIES WRITING OF AVNET, IS NOT PERMITTED AND IS AT BUYER’S OWN RISK. BUYER AGREES TO FULLY INDEMNIFY AVNET FOR ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL SUCH INCLUSION OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYUSE.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ALLYANT BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) BREACH ANY: (I) USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE SOFTWARE; (II) LOST REVENUES OR PROFITS; (III) DELAYS, INTERRUPTION, OR LOSS OF CONFIDENTIALITYSERVICES, BUSINESS, OR GOODWILL; (IV) LOSS OR CORRUPTION OF DATA; (V) LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION, OR SHUTDOWN; (VI) FAILURE TO ACCURATELY TRANSFER, READ, OR TRANSMIT INFORMATION; (VII) FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION; (VIII) SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION; (IX) BREACHES IN SYSTEM SECURITY; OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARYINDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL EXEMPLARY DAMAGES, IN EACH CASE WHETHER ARISING OUT OF OR FOR ANY LOSS IN CONNECTION WITH THIS AGREEMENT, BREACH OF PROFITS OR REVENUECONTRACT, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ALLYANT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE NOTWITHSTANDING THE MONITORED EQUIPMENT FOREGOING, IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN NO EVENT WILL THE PARTIES TO THIS AGREEMENTCOLLECTIVE AGGREGATE LIABILITY OF ALLYANT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT IN RELATION TO THE EXTENT CAUSED BY GE DIGITAL’S SUBJECT MATTER HEREUNDER, AND UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO OR OTHERWISE, EXCEED THE CUMULATIVE AMOUNTS FEES PAID OR PAYABLE UNDER THIS AGREEMENT BY YOU IN RESPECT OF SUCH SOFTWARE IN THE ONE (1) YEAR 12 MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMAPPLICABLE CLAIM (AND, EXCEPT FOR CLAIMS ARISING FROM IN THE CASE OF THE EVALUATION SOFTWARE, USD$10). THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO (A1) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS PERSONAL INJURY OR DEATH RESULTING FROM ADDITIONAL OR DIFFERENT TERMS LICENSOR’S NEGLIGENCE; (2) FOR FRAUD; OR (C3) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS FOR ANY OTHER MATTER FOR WHICH LIABILITY CANNOT BE EXCLUDED BY THE OTHER PARTYLAW.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE ARPEGGI ENTITIES BE LIABLE (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVESPECIAL, EXEMPLARY, SPECIALINCIDENTAL, CONSEQUENTIAL, OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES (INCLUDING, OR FOR ANY LOSS OF PROFITS OR REVENUEBUT NOT LIMITED TO, USE, GOODWILL, DATA, OR COSTS PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS LOSS OF USE, DATA, OR PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AI MODEL), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT LIABILITY, WHETHER UNDER THESE LICENSE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH NUCLEAR POWER FACILITIES THE AI MODEL OR LIFE SUPPORT EQUIPMENT THESE LICENSE TERMS AND AS BETWEEN WHETHER IN CONTRACT, PRODUCT LIABILITY, OR TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE, EVEN IF THE PARTIES TO THIS AGREEMENTARPEGGI ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOROR (B) FOR ANY OTHER CLAIM, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF MONITORED EQUIPMENT OR IN CONNECTION WITH NUCLEAR POWER FACILITIES THESE LICENSE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE AI MODEL. THE MAXIMUM AGGREGATE LIABILITY OF THE ARPEGGI ENTITIES FOR ALL DAMAGES AND ANY REAL TIME CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORSNEGLIGENCE) OR OTHERWISE, SHALL NOT BE LIABLE THE GREATER OF (I) $1,000 OR (II) THE TOTAL AMOUNT YOU PAID FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT SUBSCRIPTIONS IN THE ONE TWELVE (112) YEAR PERIOD MONTHS PRECEDING THE EVENTS EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE CLAIMEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYYOU.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) 責任制限 USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL FLOW BE LIABLE UNDER OR IN CONNECTION WITH THIS DEMO SERVICE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER FLOW WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL FLOWS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS DEMO SERVICE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED JPY1,000. USER ACKNOWLEDGES THAT THE CONTROL, OPERATION, DEMO SERVICES ARE IN BETA VERSION AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES ARE BEING PROVIDED AT NO COST TO USER AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES THAT FLOW WOULD NOT MAKE THE DEMO SERVICES AVAILABLE TO USER WITHOUT LIMITING DAMAGES TO JPY1,000 AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS WITHOUT USER’S AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER LIMITATIONS IN THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE SECTION 10, いかなる場合も、契約違反、不法行為（過失を含む）、厳格責任、その他を含むあらゆる法的または衡平法上の理論に基づき、本契約の下で、または本契約に関連して、Flowは、損失若しくは損害の可能性を知らされていたかどうか又はかかる損失若しくは損害が他の方法で予見可能であったかどうかにも関わらず、次の損害等に係る責任を負わないものとする:(a) 偶発的、付随的、間接的、顕在的、特別、拡張的、または懲罰的損害、(b) 費用の増加、価値の低下、または事業、生産、収入、もしくは利益の損失、(c) のれんまたは評判の損失、(d) データの使用、使用不能、喪失、中断、遅延、回復、またはデータまたはシステムセキュリティの侵害、または (1e) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.代替品またはサービスの費 用。いかなる場合も、契約違反、不法行為（過失を含む）、厳格責任、その他を含むあらゆる法的または衡平法上の理論に基づき、本契約から生じる又は本契約に関連するFlowの責任総額は1千円を超えないものとする。ユーザーは、デモ・サービスはベータ版であること、ユーザーへ無償で提供されていること、ユーザーが責任総額を1千円に限定されていること、及び本条にユーザーが合意しなければFlowはデモ・サービスを提供していないことを認める。

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL LICENSOR, SUBLICENSOR, NOR ANY OF THEIR RESPECTIVE NATURAL OR ENTITY AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SUBLICENSOR WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR’S OR SUBLICENSOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO SUBLICENSOR UNDER THIS THE AGREEMENT IN THE ONE THREE (13) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS CONTENTS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION .▇▇▇ WEBSITE, AND THE EQUIPMENT LESSOR DELIVERS ARE PROVIDED “AS IS.” LESSOR MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF ANY KIND ABOUT EQUIPMENT’S ACCURACY OR FUNCTIONALITY. LESSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE ▇▇▇▇▇▇▇.▇▇▇ WEBSITE, FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE ▇▇▇▇▇▇▇.▇▇▇ WEBSITE, FOR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE ▇▇▇▇▇▇▇.▇▇▇ WEBSITE, OR FOR ANY CONDUCT BY USERS OF THE ▇▇▇▇▇▇▇.▇▇▇ WEBSITE. TO INDEMNIFY GE DIGITAL THE FULL EXTENT PERMISSIBLE BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS, INCLUDING, FOR THIRD PARTY CLAIMS EXAMPLE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE ▇▇▇▇▇▇▇.▇▇▇ WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IN NO EVENT SHALL ▇▇▇▇▇▇▇.▇▇▇ BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES RESULTING FROM ADDITIONAL LOSS OF USE, DATA, OR DIFFERENT TERMS PROFITS, WHETHER OR (C) INFRINGEMENT NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON LESSOR’S WEBSITE. WHILE LESSOR WILL MAKE A PARTY’S INTELLECTUAL REASONABLE EFFORT TO RETURN ANY NON-LESSOR PROPERTY RIGHTS BY THE OTHER PARTYIT RECEIVES, LESSOR WILL NOT BE LIABLE FOR ANY LOSSES OF OR DAMAGE TO SUCH PROPERTY.

Limitations of Liability. x 10.1. EXCEPT FOR CLAIMS TO THE EXTENT THE FOLLOWING LIMITATION OF LIABILITY IS PROHIBITED BY LAW, PINGCAP'S TOTAL LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES SUSTAINED BY YOU UP TO A MAXIMUM AMOUNT OF THE FEES PAID BY YOU TO PINGCAP UNDER THE APPLICABLE ORDER FORM; PROVIDED THAT, REGARDLESS OF ANY LAW, NO CLAIM OR CAUSE OF ACTION, REGARDLESS OF FORM, ARISING FROM OUT OF OR IN CONNECTION WITH THIS CSA MAY BE BROUGHT BY YOU MORE THAN TWELVE (A12) BREACH OF CONFIDENTIALITYMONTHS AFTER YOU BECOME AWARE OF, OR (B) INFRINGEMENT SHOULD REASONABLY HAVE BECOME AWARE OF, THE FACTS GIVING RISE TO THE CAUSE OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY ACTION. WITHOUT LIMITING THE OTHER PARTYFOREGOING, NEITHER PARTY, INCLUDING PINGCAP NOR ANY OF ITS AFFILIATES AND LICENSORS, LICENSORS SHALL BE LIABLE HEREUNDER TO YOU FOR PERSONAL INJURY, OR ANY INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, SPECIAL, EXEMPLARY, SPECIALPUNITIVE, OR OTHER DAMAGES, OR FOR DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL OR LOST PROFITS, UNDER ANY THEORY OF LIABILITY, INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS CSA, EVEN IF PINGCAP HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. x 10.2. THE LIMITATIONS SET FORTH IN THIS SECTION 10 WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION AND IN THE OTHER PROVISIONS OF THIS CSA AND THE ALLOCATION OF RISK HEREIN ARE ESSENTIAL ELEMENTS OF THE BARGAIN BETWEEN THE PARTIES, WITHOUT WHICH PINGCAP WOULD NOT HAVE ENTERED INTO THIS CSA. x 10.3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL SO THIS LIMITATION MAY NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES APPLY TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYYOU.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL 3x3 INSIGHTS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYINCLUDING NEGLIGENCE), NEITHER PARTYSTRICT LIABILITY, INCLUDING ITS AFFILIATES AND LICENSORSOTHERWISE, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT(a) CONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR CONSEQUENTIAL PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR FOR ANY PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA OR BREACH OF DATA, RETAILER’S COMPUTER SYSTEMS OR COSTS SYSTEM SECURITY; OR (e) COST OF SUBSTITUTE REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER 3x3 INSIGHTS WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL 3x3 INSIGHTS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT , STRICT LIABILITY AND AS BETWEEN THE PARTIES TO THIS AGREEMENTOTHERWISE, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE EXCEED FIVE THOUSAND DOLLARS (1$5,000) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYPER LOCATION.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GNOSIS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL GNOSIS'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE AND AMOUNTS ACCRUED BUT NOT YET PAID TO GNOSIS UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD TWELVE MONTHS PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL FORCENOW BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER FORCENOW WAS ADVISED OF THE THEORY POSSIBILITY OF THOSE LOSSES OR DAMAGES OR THOSE LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL FORCENOW'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THREE TIMES THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO FORCENOW UNDER THIS AGREEMENT IN THE ONE (1) YEAR 12-MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMCLAIM OR $100,000, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYWHICHEVER IS LESS.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO PROVIDER UNDER THIS AGREEMENT IN THE ONE (1) YEAR 18 MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) 11.1 IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (Ba) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. 11.2 IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY FOR ANY CAUSE WHATSOEVER, INCLUDING ATTORNEY FEES, ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKSTRICT LIABILITY, OR OTHER SECURITY BREACHOTHERWISE, EXCEPT TO EXCEED TWO TIMES THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO PROVIDER UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT SAFETY NET IS PART OF AN ADVANCED RADIO COMMUNICATION SYSTEM. IT DOES NOT OFFER GUARANTEED PROTECTION AGAINST BURGLARY AND FIRE. ANY ALARM COMMUNICATION SYSTEM IS SUBJECT TO COMPROMISE OR FAILURE. THE RADIO WILL NOT WORK WITHOUT POWER. ELECTRICALLY POWERED DEVICES WILL NOT WORK IF THE POWER SUPPLY IS OFF FOR CLAIMS ANY REASON, HOWEVER BRIEFLY. THIS EQUIPMENT, LIKE ANY OTHER ELECTRICAL DEVICE, IS SUBJECT TO COMPONENT FAILURE. ALTHOUGH THIS EQUIPMENT IS DESIGNED TO BE LONG LASTING, THE ELECTRICAL COMPONENTS COULD FAIL AT ANY TIME. DUE TO THESE LIMITATIONS, WE RECOMMEND THE USER TO TEST THE SYSTEM AT LEAST ONCE EVERY MONTH AND ARRANGEMENTS SHOULD ALSO BE MADE FOR ON‐SITE INSPECTION/TEST BY A LICENSED ALARM INSTALLER AT LEAST ONCE EACH YEAR. IF THE NETWORK ‐ OR THE NETWORK'S CONNECTIVITY TO THE MONITORING CENTER ‐ IS DAMAGED, DESTROYED, INTERRUPTED, CIRCUMVENTED, COMPROMISED OR MALFUNCTIONS FOR ANY REASON, SERVICE IS AUTOMATICALLY SUSPENDED WITHOUT NOTICE AND WITHOUT LIABILITY TO SAFETY NET. ALARM COMPANY AGREES AND UNDERSTANDS: THAT NEITHER SAFETY NET NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, PRINCIPALS, AGENTS, SERVANTS OR EMPLOYEES AND THEIR SUCCESSORS, ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES (HEREINAFTER, COLLECTIVELY "SAFETY NET ASSOCIATES") IS AN INSURER; THAT IT IS THE SPECIFIC INTENT OF THE PARTIES THAT (I) INSURANCE COVERING ALL LOSS, DAMAGE AND EXPENSE ARISING OUT OF OR FROM, IN CONNECTION WITH OR RESULTING FROM PERSONAL INJURY INCLUDING, WITHOUT LIMITATION, MEDICAL, DISABILITY AND OTHER INSURANCE FOR PHYSICAL, MENTAL AND EMOTIONAL CONDITIONS, LIFE INSURANCE, AND REAL OR PERSONAL PROPERTY INSURANCE SHALL BE OBTAINED AND MAINTAINED BY THE SUBSCRIBER,(II) RECOVERY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE SHALL BE LIMITED TO ANY SUCH INSURANCE COVERAGE ONLY, AND (Alll) SAFETY NET AND SAFETY NET ASSOCIATES ARE RELEASED FROM ANY AND ALL LIABILITY FOR ALL SUCH LOSS, DAMAGE AND EXPENSE; THAT SAFETY NET AND SAFETY NET ASSOCIATES MAKE NO EXPRESS GUARANTEE. REPRESENTATION OR WARRANTY; THAT SAFETY NET DOES NOT WARRANT OR GUARANTEE THAT EITHER NO LOSS OR DAMAGE WILL OCCUR OR INCREASED LOSS OR DAMAGE WILL NOT OCCUR; THAT SAFETY NET AND SAFETY NET ASSOCIATES ARE RELEASED FOR ALL LOSS OR DAMAGE WHICH MAY OCCUR BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT EVEN IF DUE TO THE IMPROPER PERFORMANCE OF OR FAILURE TO PERFORM OF SAFETY NET OR SAFETY NET ASSOCIATES, BREACH OF CONFIDENTIALITYCONTRACT, BREACH OF EXPRESS WARRANTY, OR (B) INFRINGEMENT BY LOSS OR DAMAGE TO OR MALFUNCTION OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY FACILITIES; THAT SHOULD THERE ARISE ANY LIABILITY ON THE OTHER PARTY, NEITHER PARTYPART OF SAFETY NET OR SAFETY NET ASSOCIATES FOR PERSONAL INJURY, INCLUDING ITS AFFILIATES AND LICENSORSDEATH, SHALL BE LIABLE HEREUNDER OR PROPERTY DAMAGE, REAL OR PERSONAL, WHICH IS IN CONNECTION WITH, ARISES OUT OF OR FROM, RESULTS FROM, IS RELATED TO OR IS A CONSEQUENCE OF THE SERVICE, THE FAILURE OR FAULTY OPERATION OF THE FACILITIES, OR THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF SAFETY NET ASSOCIATES OR SAFETY NET, INCLUDING, WITHOUT LIMITATION, ACTS, ERRORS OR OMISSIONS WHICH OCCUR BEFORE OR AFTER THE SIGNING OF THIS AGREEMENT, OR ANY CLAIMS BROUGHT IN PRODUCT OR STRICT LIABILITY, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, OR FOR CONTRIBUTION OR INDEMNIFICATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECTGENERAL, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS IRRESPECTIVE OF PROFITS OR REVENUECAUSE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF SUCH LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER MAXIMUM SUM OF $1,000.00 COLLECTIVELY FOR SAFETY NET AND SAFETY NET ASSOCIATES, AND THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYLIABILITY SHALL BE EXCLUSIVE.

Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR CLAIMS LIABILITY ARISING FROM OUT OF: (Ai) BREACH PERSONAL INJURY OR DEATH; (ii) MISUSE OR VIOLATION OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTYDRAGOS’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER CUSTOMER; (iii) PAYMENT OBLIGATIONS FOR OFFERINGS; (iv) WILLFUL MISCONDUCT OR FRAUD BY A PARTY; AND/OR (v) AMOUNTS PAYABLE TO THIRD PARTIES UNDER SECTION 9 (INDEMNIFICATION), NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL IN NO EVENT WILL: (a): EITHER PARTY BE LIABLE HEREUNDER FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVEOR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, EXEMPLARYWITHOUT LIMITATION, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS PROFITS, DATA OR REVENUEINFORMATION, USE, GOODWILL, DATA, OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS PRODUCTS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT BUSINESS INTERRUPTION) ARISING OUT OF A DATA BREACHOR RELATED TO THIS AGREEMENT AND ANY OFFERING, CYBER ATTACK, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR OTHER SECURITY BREACH, EXCEPT RELATED TO THIS AGREEMENT AND ANY OFFERINGS EXCEED THE EXTENT CAUSED FEES PAID OR PAYABLE BY GE DIGITAL’S BREACH CUSTOMER FOR THE APPLICABLE OFFERING WHICH IS THE SUBJECT OF ITS OBLIGATIONS UNDER SUCH CLAIM IN THE TWELVE (12) MONTHS PERIOD BEFORE THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY SPECIFIED IN THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR MULTIPLE CLAIMS ARISING UNDER SHALL NOT EXPAND THE LIMITATIONS SPECIFIED IN THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYSECTION.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (Aa) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, PARTY SHALL BE LIABLE HEREUNDER TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, INDIRECT, CONSEQUENTIAL OR CONSEQUENTIAL DAMAGESPUNITIVE DAMAGES OF ANY CHARACTER, OR INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFITS BUSINESS OR REVENUE, USE, GOODWILL, WORK STOPPAGE, LOSS OF INFORMATION OR DATA, OR COSTS LOSS OF SUBSTITUTE GOODS REVENUE OR PROFIT, RESULTING FROM THE PROVISION OF OR RELIANCE UPON THE SERVICES, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF LIABILITY CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE , PRODUCT LIABILITY, OR OTHERWISE. (b) SUBJECT TO APPLICABLE LAW, EVEN IF COMPANY HAS BEEN ADVISED OF THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT POSSIBILITY OF SUCH DAMAGES AND AS BETWEEN THE PARTIES EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO THIS AGREEMENTHAVE FAILED OF ITS ESSENTIAL PURPOSE, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, METAFOLD’S AGGREGATE AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES TOTAL LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED: (A) FOR PROFESSIONAL SERVICES THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN DUE BY THE ONE (1) YEAR PERIOD PRECEDING Customer TO Metafold FOR THE EVENTS GIVING SOW THAT GAVE RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, ; (B) ▇▇▇▇▇ ▇▇▇▇▇▇THE AMOUNTS PAID DURING THE LICENSE TERM FOR SAAS PRODUCTS. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT, WARRANTY, TORT, OR OTHERWISE AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER’S AND ITS AFFILIATES’ OBLIGATION TO INDEMNIFY GE DIGITAL PAYMENT OBLIGATIONS UNDER SECTION 4(FEES) EXCEPT AS SET FORTH UNDER APPLICABLE LAW, DAMAGES SET FORTH IN THIS SECTION 9(b) ARE THE PARTIES’ SOLE EXCLUSIVE MONETARY REMEDY AND THE SOLE AND EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE. FOR THIRD PARTY CLAIMS RESULTING THE AVOIDANCE OF DOUBT, THE PARTIES MAY NOT LIMIT THEIR LIABILITY WHERE PREVENTED FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS DOING SO BY THE OTHER PARTYAPPLICABLE LAW.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY THE OTHER PARTYAPPLICABLE LAW, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE PARTY IS LIABLE HEREUNDER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESDAMAGES (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR STRICT LIABILITY), OR FOR ANY INTERRUPTED COMMUNICATIONS, LOSS OF PROFITS OR REVENUE, USE, GOODWILLLOST BUSINESS, DATA, LOST DATA OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS LOST PROFITS (EVEN IF SUCH PARTY WAS ADVISED OF THE THEORY POSSIBILITY OF LIABILITY (INCLUDING NEGLIGENCEANY OF THE FOREGOING). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT , ARISING OUT OF OR IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTYTHE FOREGOING EXCLUSION OF LIABILITY WILL NOT APPLY TO (i) CLIENT’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED INDEMNIFICATION OBLIGATIONS, INCLUDING ANY AMOUNTS PAYABLE IN CONNECTION THEREWITH; (ii) CLIENT’S CONFIDENTIALITY OBLIGATIONS; AND (iii) CLIENT’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TO THE CUMULATIVE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CAPITOL B’S CUMULATIVE, AGGREGATE LIABILITY TO CLIENT OR ANY THIRD PARTY EXCEED THE NET AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN RECEIVED BY CAPITOL B HEREUNDER DURING THE ONE (1) YEAR 12-MONTH PERIOD PRECEDING IMMEDIATELY PRIOR TO THE EVENTS INCIDENT GIVING RISE TO SUCH LIABILITY. IN LIEU OF REFUND, CAPITOL B WILL BE PERMITTED, IN ITS SOLE DISCRETION, TO CAUSE THE CLAIMPLACEMENT OF “MAKE-GOOD” ADVERTISING, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH PROVIDED THAT, SUCH “MAKE-GOOD” ADVERTISING IS PROVIDED WITHIN A REASONABLE PERIOD OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY TIME AFTER THE OTHER PARTYLIABILITY HAS ACCRUED.

Limitations of Liability. EXCEPT THE BANK’S ENTIRE LIABILITY AND THE CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO THE BANK’S DISCLAIMER OF WARRANTY IS LIMITED TO THE REPLACEMENT OF ANY SCANNER OR DISKETTE THAT IS RETURNED TO THE BANK. IN NO EVENT SHALL THE BANK BE LIABLE TO CUSTOMER FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTYANY DAMAGES, INCLUDING ITS AFFILIATES AND LICENSORSLOST PROFITS, SHALL BE LIABLE HEREUNDER FOR ANY LOST SAVINGS OR OTHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, SPECIAL OR CONSEQUENTIAL DAMAGESDAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM AND DOCUMENTATION, OR FOR ANY CLAIM BY ANOTHER PARTY. THE BANK’S DUTIES AND RESPONSIBILITIES IN CONNECTION WITH CHECK 21 TRANSACTIONS ARE LIMITED TO THOSE DESCRIBED IN THIS AGREEMENT. THE BANK WILL BE DEEMED TO HAVE EXERCISED ORDINARY CARE AND TO HAVE ACTED REASONABLY IF THE BANK HAS ACTED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND WILL BE LIABLE FOR LOSS OF PROFITS SUSTAINED BY CUSTOMER ONLY TO THE EXTENT SUCH LOSS IS CAUSED BY THE BANK’S GROSS NEGLIGENCE OR REVENUEWILLFUL MISCONDUCT. THE BANK WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, USE, GOODWILL, DATA, SPECIAL OR COSTS OF SUBSTITUTE GOODS OR SERVICESPUNITIVE DAMAGES, REGARDLESS OF THE THEORY BANK’S ACT OR OMISSION. THE BANK WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE: (A) RELATED TO THE DISHONESTY OF LIABILITY THE CUSTOMER’S EMPLOYEES, OFFICERS OR AGENTS; (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE B) RESULTING FROM ANY RECEIVING BANK’S FAILURE TO ACCEPT CHECK 21 TRANSACTIONS; OR (C) RESULTING FROM ANY DELAY IN THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO PERFORMANCE OF THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ WHICH IS SOLELY RESPONSIBLE FORCAUSED BY AN ACT OF GOD, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, FIRE OR OTHER SECURITY BREACHCASUALTY, EXCEPT ELECTRICAL OR COMPUTER FAILURE, DELAYS OR FAILURE TO ACT BY ANY CARRIER, MEDIUM OR AGENT OPERATING BETWEEN THE EXTENT CAUSED BY GE DIGITALBANK AND THE CUSTOMER OR BETWEEN THE BANK AND THIRD PARTIES OR ANY OTHER CONDITION OUTSIDE THE BANK’S BREACH OF ITS OBLIGATIONS CONTROL. NO THIRD PARTY WILL HAVE RIGHTS OR CLAIMS AGAINST THE BANK UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THE TERMS OF THIS AGREEMENT SECTION SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER SURVIVE TERMINATION OF THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYAGREEMENT.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH 责任限制 13.1. THE LICENSEE ACKNOWLEDGES THAT THE LICENSOR'S OBLIGATIONS AND LIABILITIES IN RESPECT OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS THE LICENSED MATERIALS AND THE MAINTENANCE SERVICE ARE EXHAUSTIVELY DEFINED IN THIS AGREEMENT. THE LICENSEE AGREES THAT THE EXPRESS OBLIGATIONS AND WARRANTIES MADE BY THE LICENSOR IN THIS AGREEMENT ARE IN LIEU OF AND TO THE EXCLUSION OF ANY OTHER PARTYWARRANTY, NEITHER PARTYCONDITION, TERM, UNDERTAKING OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ANYTHING SUPPLIED OR SERVICES PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT INCLUDING (WITHOUT LIMITATION) ANY WARRANTY AS TO THE CONDITION, QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR PURPOSE OF THE LICENSED MATERIALS AND THE MAINTENANCE SERVICE OR ANY PART OF THEM. 被许可方承认，许可方关于被许可物和维护服务的义务与责任已在本协议中详尽规定。被许可方同意，许可方在本协议中明确表示的义务和保证，代替并排除涉及根据本协议提供的或与本协议有关的任何物品或服务的任何种类、明示或默示、法定的或其它方面的任何保证、条件、条款、承诺或声明，包括但不限于为被许可物、维护服务或它们的任何部分规定的与条件、质量、性能、可销售性或适应性有关的任何保证。 13.2. THE LICENSEE IS RESPONSIBLE FOR THE CONSEQUENCES OF ANY USE OF THE LICENSED MATERIALS. THE LICENSOR WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATEVER AND HOWEVER CAUSED WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING ITS AFFILIATES AND LICENSORS(WITHOUT LIMITATION) LOSS OF PRODUCTION, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTLOSS OF OR CORRUPTION TO DATA, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUEOF CONTRACTS, USELOSS OF OPERATION TIME AND LOSS OF GOODWILL OR ANTICIPATED SAVINGS, GOODWILL, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THEIR POSSIBILITY AND WHERE THE LICENSOR IMPORTS THE LICENSEE’S OR ANY THIRD PARTIES DATA THE LICENSEE RECOGNIZES THAT THE LICENSOR IS UNABLE TO VERIFY SUCH DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF AND THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT LICENSEE SHALL BE LIMITED TO RESPONSIBLE FOR CHECKING THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE ACCURACY OF THAT DATA. 被许可方对被许可物的任何使用结果负责。许可方对任何种类的、不管因协议、民事侵权行为(包括疏忽)还是其它原因导致的任何间接或作为结果而发生的损失、损害、成本或费用不承担责任，包括但不限于生产损失、数据丢失或毁坏、利润或协议损失、运行时间损失及商誉或预期节约额损失，即使许可方已被告知其可能性。许可方引入被许可方或任何第三方的数据时，被许可方承认许可方无法验证这些数据，被许可方应负责确认该等数据的正确性。 13.3. The Licensor accepts liability to the extent that it results from the negligence, fraud or wilful default of the Licensor and its employees for: 13.3.1. Death or injury up to the amount of 1,000,000 Euros in respect of each incident or series of connected incidents; 由一件或一连串关联事件引起的死亡或受伤，金额不得超过 1,000,000 欧元。 13.3.2. Physical damage to or loss of the Licensee's tangible property up to the amount of 10,000 Euros in respect of each incident or series of connected incidents. 与每起事件或一连串关联事件有关的被许可方有形财产的物理损坏或损失，金额不超过 10,000 欧元。 13.4. In all other cases not falling within clause 13.3 the Licensor's total liability (1whether in contract, tort, including negligence, or otherwise) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIMunder or in connection with this Agreement or based on any claim for indemnity or contribution will not exceed the greater of the sum of 10,000 Euros or the Licence Fee paid by the Sales Distributor to Licensor or in the case of such liability arising from the failure to provide the Maintenance Service the greater of the sum of 10,000 Euros or the Maintenance Charge for the Maintenance Period in which the liability arose. 其他不符合第 13.3 条的情况下，许可方在本协议项下或与本协议有关的或者基于任何索 赔或份额的总责任(不管是合同、民事侵权行为(包括疏忽)还是其它)不超过 10,000 欧元或分销代理向许可方支付的许可费，以金额较大者为准，或者在该责任因未提供维护服务而引起的情况下，总责任不超过 10,000 欧元或为发生该责任的维护期支付的维护费，以金额较大者为准。 13.5. Licensee further acknowledges and agrees Licensee’s sole right and exclusive remedy for any loss or damage associated with the Software Product or this EULA, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYeven if Licensee claim that such remedy fails of its essential purpose, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.shall be to have RIB, upon written notice from You, attempt to repair, correct, or replace the Software Product. If repair, correction, or replacement is not reasonably commercially practicable in the sole and absolute discretion of RIB, either Licensee or RIB shall have the right to terminate and discontinue Licensee’s use of the Software Product. 被许可方进一步承认并同意，即使被许可方声称此类补救措施未能达到其基本目的，被许可方对任何与软件产品或本最终用户许可协议相关的损失或损害的唯一权利和唯一补救措施为，在收到贵方的书面通知后拓欧尝试修复、纠正或更换软件产品。如拓欧基于其唯一及绝对酌情权认为该种修复、纠正或更换不可行，被许可方或拓欧有权终止被许可方对该软件产品的使用。

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL ▇▇▇▇ BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BAIN WAS ADVISED OF THE THEORY POSSIBILITY OF LIABILITY (INCLUDING NEGLIGENCE)SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. ▇IN NO EVENT ▇▇▇▇ ▇▇▇▇▇’▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT AGGREGATE LIABILITY ARISING OUT OF A DATA BREACHOR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S INCLUDING BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO BAIN UNDER THIS AGREEMENT IN THE ONE (1) ONE-YEAR PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY. NOTHING IN THIS AGREEMENT LIMITS ANY LIABILITY WHICH CANNOT LEGALLY BE LIMITED.

Limitations of Liability. EXCEPT TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIFERAY AND ITS AFFILIATES, LICENSORS AND CERTIFICATION EXAM PROVIDERS WILL IN NO EVENT BE LIABLE TO YOU FOR CLAIMS ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PURE ECONOMIC LOSS, COSTS, DAMAGES, EXPENSES OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION ANY LOST PROFITS; LOSS OF BUSINESS; LOSS OF ANTICIPATED SAVINGS; DEPLETION OF GOODWILL AND SIMILAR LOSSES; INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO THE PROGRAM, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER LIFERAY NOR ANY OF ITS AFFILIATES, LICENSORS OR CERTIFICATION EXAM PROVIDERS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING FROM IN CONNECTION WITH: YOUR FAILURE TO ACHIEVE A LIFERAY CERTIFICATION OR OTHER INABILITY TO PARTICIPATE IN THE PROGRAM, INCLUDING AS A RESULT OF ANY (A) BREACH TERMINATION OR SUSPENSION OF CONFIDENTIALITYTHIS AGREEMENT, OR (B) INFRINGEMENT OUR DISCONTINUATION OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE CERTIFICATION, ANY OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, PART OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS ALL OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS PROGRAM; OR (C) INFRINGEMENT ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY OR ACCESS TO THE OTHER PARTYPROGRAM.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL ISSUETRAK BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER ISSUETRAK WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL ISSUETRAK'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE AMOUNT OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT FEES PAID BY YOU TO ISSUETRAK DURING THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR PERIOD MONTHS PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT 15.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL UNDER ANY CIRCUMSTANCES WHATSOEVER AND HOWSOEVER CAUSED, WHETHER ARISING UNDER STATUTE OR ARISING IN OR FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY OTHERWISE, BE LIABLE TO THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER PARTY FOR ANY INDIRECTTRADING LOSSES, INCIDENTALLOSS OF INCOME, PUNITIVELOSS OF ACTUAL OR ANTICIPATED PROFITS, EXEMPLARYLOSS OF GOODWILL, SPECIALLOSS OF PRODUCTION, BUSINESS OR CONSEQUENTIAL DAMAGESBUSINESS OPPORTUNITY, LOSS OF REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA OR INFORMATION, OR FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF PROFITS ANY KIND IN EACH CASE HOWSOEVER ARISING, WHETHER SUCH LOSS OR REVENUE, USE, GOODWILL, DATADAMAGE WAS FORESEEABLE OR IN THE CONTEMPLATION OF THE PARTIES. 15.2 THE MAXIMUM LIABILITY OF THE SUPPLIER TO THE CUSTOMER UNDER OR IN CONNECTION WITH THE AGREEMENT (INCLUDING WITHOUT LIMITATION FOR ANY DEFECT AND/OR DELAY AND/OR ANY BREACH OF AGREEMENT) WHETHER ARISING UNDER STATUTE, OR COSTS ARISING IN OR FOR BREACH OF SUBSTITUTE GOODS OR SERVICESCONTRACT, REGARDLESS OF THE THEORY OF LIABILITY TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES ) BREACH OF STATUTORY DUTY, INDEMNITY OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORSOTHERWISE, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT IN NO CIRCUMSTANCES EXCEED 125% OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS TOTAL PRICE PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYCUSTOMER FOR THE RELEVANT DELIVERABLES UNDER THE AGREEMENT. 15.3 To the extent required by applicable law, nothing in the Agreement shall limit or exclude liability for (i) gross negligence; (ii) willful misconduct; (iii) fraud or fraudulent misrepresentation; (iv) death or personal injury; or (v) any other liability to the extent the same may not be excluded or limited as a matter of law. No provision of the Agreement will adversely affect the rights of the Customer if it is deemed a “consumer” by applicable law.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (Aa) IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. (b) IN NO EVENT WILL PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING INDEMNIFICATION OBLIGATIONS, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKSTRICT LIABILITY, OR OTHER SECURITY BREACH, EXCEPT OTHERWISE EXCEED AT ANY POINT IN TIME THE AMOUNT PAID BY CUSTOMER TO PROVIDER IN THE PRIOR PERIOD TERM RELATED TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS APPLICABLE ORDER FORM GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM . (Ac) BREACH CUSTOMER ACKNOWLEDGES THAT THE TERMS IN THIS SECTION 10 (LIMITATIONS OF CONFIDENTIALITY, (BLIABILITY) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION SHALL APPLY TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY EVEN IF AN EXCLUSIVE OR DIFFERENT TERMS OR (C) INFRINGEMENT LIMITED REMEDY STATED HEREIN FAILS OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYITS ESSENTIAL PURPOSE.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH AGENCY ACTS AS AN AGENT OF CONFIDENTIALITYSUPPLIERS AND HAS NO CONTROL OVER SUPPLIER ACTIVITIES, OR (B) INFRINGEMENT TRAVELER ACTIVITIES, THE ACTIVITIES OF A ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY. • TRAVELER AGREES, NEITHER PARTYTHEREFORE, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER THAT AGENCY HAS NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARYCONSEQUENTIAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL SPECIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUEWHETHER BASED ON CONTRACT, USETORT, GOODWILL, DATASTRICT LIABILITY, OR COSTS OTHERWISE, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PROPERTY DAMAGE, PERSONAL HARM, PHYSICAL INJURY, OR DEATH RELATING TO: o ANY ACT, ERROR, OR OMISSION OF SUBSTITUTE GOODS ANY SUPPLIER OR ITS OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES, NEGLIGENT OR OTHERWISE, REGARDING TRAVEL SERVICES, REGARDLESS DELIVERY OR FAILURE TO DELIVER TRAVEL SERVICES IN WHOLE OR PART, CANCELLATIONS, BANKRUPTCY OR CESSATION OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKOPERATIONS, OR ANY OTHER SECURITY BREACHMATTERS RELATING TO TRAVEL SERVICES; OR o ANY ACT, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH ERROR, OR OMISSION OF ITS OBLIGATIONS UNDER THIS AGREEMENTTRAVELER, NEGLIGENT OR OTHERWISE; OR o ANY ACT, ERROR, OR OMISSION OF ANY THIRD PARTY, NEGLIGENT OR OTHERWISE. EACH PARTY’S CUMULATIVE • TRAVELER EXONERATES AGENCY FROM ALL LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL AS SET OUT ABOVE. • IF, DESPITE SUCH EXONERATION, TRAVELER IS AWARDED DAMAGES AGAINST AGENCY IN LAW OR EQUITY, SUCH DAMAGES WILL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID TOTAL AMOUNT OF COMMISSIONS OR PAYABLE FEES RECEIVED BY AGENCY FOR PROVIDING BOOKING SERVICES UNDER THIS AGREEMENT THESE TERMS. • AGENCY’S SOLE OBLIGATIONS AND LIABILITIES ARE AS STATED IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIMTHESE TERMS. ALL OTHER REPRESENTATIONS AND WARRANTIES—EXPRESS OR IMPLIED, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYBY STATUTE, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL LAW, OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYOTHERWISE—ARE EXCLUDED.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL INTERPERSONAL FREQUENCY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND/OR OTHERWISE, FOR ANY: (Ba) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, DATALOSS, INTERRUPTION, DELAY OR COSTS RECOVERY OF SUBSTITUTE ANY DATA OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER INTERPERSONAL FREQUENCY WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL INTERPERSONAL FREQUENCY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE , STRICT LIABILITY AND/OR OTHERWISE EXCEED THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TOTAL AMOUNTS PAID TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES INTERPERSONAL FREQUENCY BY CITY UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO DURING THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE SIX (16) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYSUCH CLAIM(S).

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYINCLUDING NEGLIGENCE), NEITHER PARTYSTRICT LIABILITY, INCLUDING ITS AFFILIATES AND LICENSORSOTHERWISE, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT(a) CONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR CONSEQUENTIAL PUNITIVE DAMAGES, (b) INCREASED COSTS, DIMINUTION IN VALUE, OR FOR ANY LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS, (c) LOSS OF PROFITS GOODWILL OR REVENUEREPUTATION, (d) USE, GOODWILLINABILITY TO USE, DATALOSS, INTERRUPTION, DELAY, OR COSTS RECOVERY OF SUBSTITUTE ANY LICENSED MATERIAL OR BREACH OF LICENSED MATERIAL OR SYSTEM SECURITY, OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROLOTHERWISE, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE EXCEED ONE THOUSAND DOLLARS (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY$1000).

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL HYDROLIX BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (I) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (II) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (III) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (IV) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (V) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER HYDROLIX WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL HYDROLIX’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO HYDROLIX UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR PERIOD MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.CLAIM.‌

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (Aa) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, WE SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ANY (I) DAMAGES, CLAIMS, LOSSES, INJURIES, TAXES, EXPENSES OR COSTS (“DAMAGES”) ARISING OUT OF A DATA ANY ERRORS, UNAVAILABILITY OR INTERRUPTIONS IN CONNECTION WITH THE SERVICES OR ANY ACTUAL OR MISSED INSTALLATION APPOINTMENTS; AND/OR (II) INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND OR FOR ANY REASON WHATSOEVER. (b) SUBJECT TO ANY OTHER LIMITATION OR EXCLUSION OF LIABILITY CONTAINED IN THIS AGREEMENT, OUR CUMULATIVE LIABILITY TO YOU FOR ALL SERVICES PROVIDED HEREUNDER FOR DAMAGES, INCLUDING DAMAGES ARISING FROM OUR NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHER CAUSES OF ACTION, INCLUDING FUNDAMENTAL BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE EXTENT CAUSED TOTAL AGGREGATE MONTHLY FEES (LESS ALL DISCOUNTS, INCENTIVES, PROMOTIONS, CREDITS) PAYABLE BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS YOU UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY THE STAPLES AGREEMENT FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN SERVICES DURING THE ONE (1) YEAR 1 MONTH PERIOD PRECEDING BEFORE THE EVENTS EVENT GIVING RISE TO THE CLAIMDAMAGES, EXCEPT LESS AMOUNTS PAID (IF ANY) FOR PREVIOUS CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYFOR THE SERVICES. STAPLES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CONTENT, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION APPLICATIONS OR SERVICES PROVIDED TO INDEMNIFY GE DIGITAL FOR YOU BY A THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT FOR USE WITH THE SERVICES EVEN IF STAPLES IS BILLING AND COLLECTING FEES ON BEHALF OF SUCH A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER THIRD PARTY. (c) Without limiting the generality of the foregoing, we are not liable for (i) any act or omissions of a telecommunications carrier whose facilities are used in establishing connections to points; (ii) defamation, trademark, copyright, or any intellectual property right infringement arising from material transmitted or received over Staples‟ facilities or using Staples Services or claims based on a contention that the use of equipment through your account infringes the intellectual property rights of a third party; or (iii) infringement of any intellectual property right arising from combining or using non-Staples equipment or software and facilities with the Services.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM 1. Nothing in the Agreement shall exclude or limit the liability of COMMERCE DECISIONS (Aincluding any acts of its employees, agents and subcontractors) for death or personal injury caused by COMMERCE DECISIONS’ proven negligence or fraud committed by COMMERCE DECISIONS (including fraudulent misrep- resentation) or any other matter for which it would be illegal, or in breach of statutory provision, for COMMERCE DECISIONS to exclude its liability. 2. SUBJECT TO CLAUSE 6.1, COMMERCE DECISIONS’ AGGREGATE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF CONFIDENTIALITYSTATUTORY DUTY), MISREPRESENTATION OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYOTH- ERWISE, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT ARISING IN CONNECTION WITH NUCLEAR POWER FACILITIES THE PERFORMANCE, NON-PERFORMANCE OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN CONTEM- PLATED PERFORMANCE OF THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS TOTAL FEES PAID AND PAYABLE BY THE CUSTOMER UNDER THE AGREEMENT. 3. SUBJECT TO CLAUSE 6.1, IN NO EVENT WILL COMMERCE DECISIONS OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE ANY SUPPLIER OF THIRD PARTY DISTRIBUTED SOFTWARE OR THIRD PARTY REQUIRED SOFTWARE BE LIABLE TO THE CLAIMCUSTOMER FOR SPECIAL, EXCEPT FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, COSTS, EX- PENSES OR OTHER CLAIMS WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR LIKE LOSS, OR LOSS OF DATA, OR ARISING FROM LOSS OF DATA, LOSS OF USE OR LOSS OF OPPORTUNITY OR OTHER INTANGIBLE LOSSES (AEVEN IF COMMERCE DECISIONS HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH LOSS, DAM- AGE, COST OR EXPENSE)) OR ANY LOSS, DAMAGE OR LIABILITY TO THE EXTENT CAUSED BY THE NEGLIGENCE, WILFUL MISCONDUCT OR OTHER FAULT OF THE CUSTOMER, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS; IN EACH CASE HOWSOEVER CAUSED, INCLUDING WITHOUT LIMITATION NEGLIGENCE OR BREACH OF CONFIDENTIALITYSTATUTORY DUTY OR MISREPRESENTATION, (B) ▇▇▇▇▇ ▇▇▇▇▇▇ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY LIABILITY INCURRED BY THE CUSTOMER WITHOUT COMMERCE DECISIONS’ OBLIGATION PRIOR WRITTEN AUTHORISATION. 4. SUBJECT TO INDEMNIFY GE DIGITAL FOR CLAUSE 6.1, THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT COMMERCE DECISIONS AND ANY SUPPLIER OF THIRD PARTY CLAIMS DISTRIBUTED SOFTWARE OR THIRD PARTY REQUIRED SOFTWARE SHALL NOT BE LIABLE TO THE CUSTOMER FOR: (i) THE CUSTOMER’S USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ADDITIONAL ANY GOODS, DATA, INFORMATION OR DIFFERENT TERMS SERVICES PUR- CHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (Ciii) INFRINGEMENT UNAUTHORIZED ACCESS TO OR ALTERATION OF A PARTYTHE CUSTOMER’S INTELLECTUAL PROPERTY RIGHTS BY TRANS- MISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE OTHER PARTY.SERVICES; OR

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL SMARTBEAR BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (Ba) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER SMARTBEAR WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL SMARTBEAR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKSTRICT LIABILITY, OR OTHER SECURITY BREACH, EXCEPT TO OTHERWISE EXCEED THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO SMARTBEAR UNDER THIS AGREEMENT THESE TERMS IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE MAXIMUM EXTENT CAUSED PERMITTED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT APPLICABLE LAW, IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ NO EVENT WILL ▇▇▇▇▇▇’ OBLIGATION ▇▇▇▇.▇▇ BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO INDEMNIFY GE DIGITAL USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER ▇▇▇▇▇▇▇▇▇▇.▇▇ WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES WILL ▇▇▇▇▇▇▇▇▇▇.▇▇ BE RESPONSIBLE FOR THIRD PARTY CLAIMS ANY DAMAGE, LOSS OR INJURY RESULTING FROM ADDITIONAL HACKING, TAMPERING OR DIFFERENT TERMS OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ▇▇▇▇▇▇▇▇▇▇.▇▇ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (CI) INFRINGEMENT ERRORS, MISTAKES, OR INACCURACIES OF A PARTY’S INTELLECTUAL CONTENT; (II) PERSONAL INJURY OR PROPERTY RIGHTS BY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE OTHER PARTY.SERVICES;

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED TWO (2) TIMES THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE AND AMOUNTS ACCRUED BUT NOT YET PAID TO PROVIDER UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING a. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, AND UNLESS PROHIBITED FROM (A) BREACH OF CONFIDENTIALITYDOING SO BY APPLICABLE LAW, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, PARTY FOR (I) LOST PROFITS; (II) LOSS OF BUSINESS; (III) LOSS OF REVENUES (EXCEPT THAT CUSTOMER SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTFEES OR OTHER AMOUNTS OWED TO PINNACLE AI UNDER THIS AGREEMENT); (IV) ANY LOSSES ARISING FROM OR CAUSED BY THE LOSS, INTERRUPTION OR CORRUPTION OF DATA; (V) ANY CONSEQUENTIAL OR INDIRECT DAMAGES; OR (VI) ANY INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL PUNITIVE DAMAGES (IF APPLICABLE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. b. NOTWITHSTANDING ANYTHING TO THE CONTRARY, PINNACLE AI’S (OR ITS AFFILIATE’S) MAXIMUM AGGREGATE LIABILITY WILL NOT EXCEED THE FEES PAID (AS INDICATED ON A SPECIFIC ORDER FORM) FOR ANY LOSS THE APPLICABLE DIGITAL SERVICE DIRECTLY CAUSING THE DAMAGE GIVING RISE TO CUSTOMER’S CLAIM OR CAUSE OF PROFITS ACTION FOR THE SIX (6) MONTHS PRIOR TO THE CLAIM OR REVENUE, USE, GOODWILL, DATA, OR COSTS CAUSE OF SUBSTITUTE GOODS OR SERVICESACTION. c. THE LIMITATIONS SET FORTH IN THIS SECTION 0 WILL APPLY TO ALL CLAIMS AND CAUSES OF ACTION, REGARDLESS OF THE THEORY OF WHETHER IN CONTRACT, TORT, STRICT LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE THEORY d. The Parties each waive the right to bring a claim against the other arising out of or in any way relating to an Order or this Agreement more than one (1) YEAR PERIOD PRECEDING year after the date of the event giving rise to such claim. Each Party recognizes and agrees that the warranty disclaimers, limitations of liability and remedy limitations in this Agreement are materially bargained for by the Parties. e. THE EVENTS GIVING RISE LIMITATIONS IN THIS SECTION 11 APPLY ONLY TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS MAXIMUM EXTENT PERMITTED BY THE OTHER PARTY.APPLICABLE LAW

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) EXCLUDING LICENSOR’S OBLIGATIONS UNDER SECTION 9, IN NO EVENT WILL LICENSOR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER LICENSOR WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. EXCLUDING LICENSOR’S OBLIGATIONS UNDER SECTION 9, IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO LICENSOR UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL TOTOGI BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER TOTOGI WAS ADVISED OF THE THEORY POSSIBILITY OF LIABILITY (INCLUDING NEGLIGENCE)SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. ▇▇▇▇▇ IN NO EVENT WILL ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ’S AGGREGATE LIABILITY ARISING OUT OF A DATA BREACHOR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S INCLUDING BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO TOTOGI UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYNorand does not guarantee delivery of Products by any particular date. If Norand accepts Western Atlas' order and fails to deliver ordered Products, Western Atlas' sole remedy will be limited to refund of money paid to Norand for the undelivered products. NEITHER NORAND NOR WESTERN ATLAS WILL HAVE ANY LIABILITY OR RESPONSIBILITY TO WESTERN ATLAS OR NORAND, AS THE CASE MAY BE, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE ANY OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER PERSON OR ENTITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGESINCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF NORAND, WESTERN ATLAS OR WESTERN ATLAS' CUSTOMERS, AS THE CASE MAY BE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR ANY LOSS OF PROFITS OR REVENUE, USEDATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF PRODUCT, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OF OTHER WORK OR COSTS IMPAIRMENT OF SUBSTITUTE GOODS OR SERVICESOTHER ASSETS), REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACHBREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, CYBER ATTACKBREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHER SECURITY BREACHOTHERWISE, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY INCURRED BY NORAND OR WESTERN ATLAS, AS THE CASE MAY BE, IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO NORAND BY WESTERN ATLAS OR BY WESTERN ATLAS TO NORAND, AS THE CASE MAY BE, FOR THE PURCHASE OF THE PRODUCT(S) THAT ACTUALLY CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID DAMAGE OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYLOSS.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL WALLA BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WALLA WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL WALLA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE EXCEED TWO (2) TIMES THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO WALLA UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMCLAIM OR $100.00, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYWHICHEVER IS LESS.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL BEEZY BE LIABLE UNDER OR IN CONNECTION WITH THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, OR TORT (BINCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICESBEEZY PRODUCTS, IN EACH CASE REGARDLESS OF WHETHER BEEZY WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL BEEZY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORSTRICT LIABILITY, AND BEARS ALL RISKS ASSOCIATED WITH OTHERWISE, EXCLUDING BEEZY’S LIABILITY SET FORTH IN SECTION 9(c), EXCEED THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO BEEZY UNDER THIS THE AGREEMENT IN THE ONE (1) YEAR 12 MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMCLAIM OR $250,000.00, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYWHICHEVER IS LESS.

Limitations of Liability. EXCEPT 10.1 CARDINAL HEALTH’S LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS ARISING FROM FOR LOST, DAMAGED OR DESTROYED API OR OTHER CLIENT- SUPPLIED MATERIALS WHETHER OR NOT SUCH API OR CLIENT-SUPPLIED MATERIALS ARE INCORPORATED INTO FINISHED PRODUCT SHALL NOT EXCEED (A) BREACH FOR ALL SUCH CLAIMS, IN THE AGGREGATE, RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CONFIDENTIALITYCARDINAL HEALTH, OR [* * *], AND (B) INFRINGEMENT OF A PARTYFOR ALL OTHER CLAIMS, IN THE AGGREGATE, [* * *]. The parties acknowledge and agree that any claim for lost, damaged, or destroyed API shall be valued at Client’s actual cost, not to exceed [* * *] per kilogram. 10.2 CARDINAL HEALTH’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYTOTAL LIABILITY UNDER THIS AGREEMENT (EXCEPT FOR LIABILITY DESCRIBED IN SECTION 10.1, NEITHER PARTYABOVE), WHETHER IN CONTRACT OR TORT, INCLUDING ITS AFFILIATES WITHOUT LIMITATION ANY OF CARDINAL HEALTH’S INDEMNITY OR OTHER FINANCIAL OBLIGATIONS UNDER ARTICLE 9, SHALL (A) WITH RESPECT TO ANALYTICAL SERVICES, BE LIMITED TO [* * *], AND LICENSORS(B) WITH RESPECT TO ALL OTHER SERVICES, IN NO EVENT EXCEED [* * *]. 10.3 NEITHER PARTY SHALL BE LIABLE HEREUNDER TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS DAMAGES ARISING OUT OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO PERFORMANCE UNDER THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FORINCLUDING WITHOUT LIMITATION, AND BEARS ALL RISKS ASSOCIATED WITH LOSS OF REVENUES, PROFITS OR DATA, WHETHER IN CONTRACT OR TORT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE CONTROL, OPERATION, AND USE POSSIBILITY OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYSUCH DAMAGES.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING NVIDIA AND ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE HEREUNDER FOR ANY INDIRECTSPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, PROJECT DELAYS, LOSS OF PROFITS OR REVENUE, USE, LOSS OF DATA OR LOSS OF GOODWILL, DATA, OR THE COSTS OF PROCURING SUBSTITUTE GOODS PRODUCTS, ARISING OUT OF OR SERVICESIN CONNECTION WITH THIS LICENSE OR THE USE OR PERFORMANCE OF RIVA PRODUCTS, REGARDLESS WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF THE THEORY CONTRACT, BREACH OF LIABILITY WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EVEN IF NVIDIA HAS PREVIOUSLY BEEN ADVISED OF, OR COULD REASONABLY HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT NO EVENT WILL NVIDIA’S AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF A DATA BREACH, CYBER ATTACK, THIS LICENSE EXCEED THE NET AMOUNTS RECEIVED BY NVIDIA OR OTHER SECURITY BREACH, EXCEPT TO ITS AFFILIATES FOR YOUR USE OF THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS PARTICULAR UNEXPIRED RIVA PRODUCTS LICENSES GIVING RISE TO THE CLAIMCLAIM BEFORE THE LIABILITY AROSE (or up to US$10.00 if you obtained licenses or services at no charge). THE NATURE OF THE LIABILITY OR THE NUMBER OF CLAIMS OR SUITS SHALL NOT ENLARGE OR EXTEND THIS LIMIT. The disclaimers, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITYexclusions and limitations of liability set forth in this license form an essential basis of the bargain between the parties, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYand, absent any such disclaimers, exclusions or limitations of liability, the provisions of the license, including, without limitation, the economic terms, would be substantially different.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF AS PROVIDED OTHERWISE UNDER SECTION 6 "INDEMNITY" AND IN SECTION 10 CONFIDENTIALITY, OR (B) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, DATA, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACK, OR OTHER SECURITY BREACH, EXCEPT TO THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT IN THE ONE (1) YEAR PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL ▇'S TOTAL LIABILITY AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT ANY CLAIM OF ANY TYPE WHATSOEVER, ARISING OUT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS PRODUCT OR SERVICE PROVIDED HEREUNDER, SHALL BE LIMITED TO DIRECT DAMAGES CAUSED BY EGENERA'S NEGLIGENCE IN AN AMOUNT NOT TO EXCEED THE PRICE PAID BY CUSTOMER TO EGENERA FOR THE SPECIFIC SERVICE OR PRODUCT FROM WHICH SUCH CLAIM ARISES. EXCEPT FOR CLAIMS BASED UPON SECTION 10 CONFIDENTIALITY, NEITHER PARTY SHALL HAVE LIABILITY TO THE OTHER PARTYFOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUES, DATA AND/OR USE), EVEN IF ADVISED OF THE POSSIBILITY THEREOF. The foregoing limitation shall not limit Egenera's obligation to pay, under Section 6, damages awarded against Customer (regardless of whether such damages are denominated as direct, indirect, consequential, or other); however, apart from such obligation to fully indemnify. Egenera shall have no obligation to pay special, consequential, exemplary, incidental, or indirect damages (including, but not limited to, loss of profit, revenues, data and/or use), even if advised of the possibility thereof, that Customer incurred directly related to the claim of infringement. The foregoing limitation shall not limit either party's remedies in the event of a violation of such party's intellectual property rights. THESE LIMITATIONS SHALL APPLY TO ALL CAUSES OF ACTION UNDER OR RELATING TO THIS GPA, INCLUDING ANY CLAIM BY OR AGAINST ANY SUBSIDIARY, STOCKHOLDER, OR AFFILIATE, OR OFFICER, DIRECTOR, EMPLOYEE OR AGENT OF ANY OF THEM.

Limitations of Liability. EXCEPT FOR CLAIMS ARISING FROM (A) IN NO EVENT WILL DOCUSHARE BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONFIDENTIALITYCONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (Ba) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTY, NEITHER PARTY, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL BE LIABLE HEREUNDER FOR ANY INDIRECTCONSEQUENTIAL, INCIDENTAL, PUNITIVEINDIRECT, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGESENHANCED, OR FOR ANY PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF PROFITS GOODWILL OR REVENUE, REPUTATION; (d) USE, GOODWILLINABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR COSTS BREACH OF SUBSTITUTE DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE THEORY POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL DOCUSHARE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE). ▇▇▇▇▇ ▇▇▇▇▇▇ SHALL NOT USE THE MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES OR LIFE SUPPORT EQUIPMENT AND AS BETWEEN THE PARTIES TO THIS AGREEMENT, ▇▇▇▇▇ ▇▇▇▇▇▇ IS SOLELY RESPONSIBLE FOR, AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL, OPERATION, AND USE OF MONITORED EQUIPMENT IN CONNECTION WITH NUCLEAR POWER FACILITIES AND ANY REAL TIME OR ULTRA HAZARDOUS ACTIVITIES. GE DIGITAL, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT ARISING OUT OF A DATA BREACH, CYBER ATTACKSTRICT LIABILITY, OR OTHER SECURITY BREACH, EXCEPT TO OTHERWISE EXCEED THE EXTENT CAUSED BY GE DIGITAL’S BREACH OF ITS OBLIGATIONS UNDER THIS AGREEMENT. EACH PARTY’S CUMULATIVE LIABILITY FOR CLAIMS ARISING UNDER THIS AGREEMENT SHALL BE LIMITED TO THE CUMULATIVE TOTAL AMOUNTS PAID OR PAYABLE TO DOCUSHARE UNDER THIS AGREEMENT IN THE ONE TWELVE (112) YEAR MONTH PERIOD PRECEDING THE EVENTS EVENT GIVING RISE TO THE CLAIMCLAIM OR $1000.00, EXCEPT FOR CLAIMS ARISING FROM (A) BREACH OF CONFIDENTIALITY, (B) ▇▇▇▇▇ ▇▇▇▇▇▇’ OBLIGATION TO INDEMNIFY GE DIGITAL FOR THIRD PARTY CLAIMS RESULTING FROM ADDITIONAL OR DIFFERENT TERMS OR (C) INFRINGEMENT OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS BY THE OTHER PARTYWHICHEVER IS LESS. The exclusions and limitations in this Section 16 do not apply to Customer’s obligations under Sections 4 and 7.