DISTRIBUTORS), NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY OF ITS OR THEIR
LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS MAKE ANY
REPRESENTATIONS OR PROVIDE ANY CONDITIONS AND/OR WARRANTIES ABOUT THE
SUITABILITY OF THE EPIPHAN HARDWARE PRODUCTS, SOFTWARE, SERVICES AND/OR
DOCUMENTATION. NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY ITS OR THEIR
LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS MAKE ANY
REPRESENTATIONS OR PROVIDE ANY CONDITIONS AND/OR WARRANTIES WHATSOEVER ABOUT
ANY INFORMATION AND/OR DATA THAT MAY BE PROCESSED BY OR MADE AVAILABLE USING
ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE OR ABOUT ANY THIRD-PARTY SERVICE
THAT MAY BE ACCESSIBLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE.
6. LIMITATION OF LIABILITY: NEITHER LICENSOR NOR ANY OF ITS AFFILIATES NOR ANY OF ITS
OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR DISTRIBUTORS
SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES
ARISING FROM THIS AGREEMENT, RELATING TO THE HARDWARE, SOFTWARE OR
DOCUMENTATION, OR RELATING TO ANY SERVICES PROVIDED TO YOU BY LICENSOR
(INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS,
RESELLERS AND/OR DISTRIBUTORS) IN RELATION TO THE EPIPHAN HARDWARE PRODUCTS,
SERVICES, SOFTWARE AND/OR DOCUMENTATION FOR ANY INDIRECT, RELIANCE, INCIDENTAL,
SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, LOSS OF REVENUE OR PROFIT, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION,
LOSS OF DATA, REPLACEMENT OR RECOVERY COSTS, OR OTHER COMMERCIAL OR ECONOMIC
LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT (INCLUDING NEGLIGENCE OR STRICT
LIABILITY) OR ANY OTHER THEORY OF LIABILITY, EVEN IF LICENSOR (INCLUDING ITS AFFILIATES
AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR
DISTRIBUTORS) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE
FORESEEABLE. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE
ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR
FUNDAMENTAL BREACH. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THESE LIMITATIONS MAY NOT
APPLY TO YOU. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF LICENSOR
(INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS,
RESELLERS AND DISTRIBUTORS) TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY
DAMAGES ARISING FROM THIS AGREEMENT, RELATING TO THE EPIPHAN HARDWARE
PRODUCTS, SOFTWARE, DOCUMENTATION AND/OR RELATING TO ANY SERVICES PROVIDED TO
YOU BY LICENSOR (INCLUDING ITS AFFILIATES AND ITS AND THEIR LICENSORS, SUPPLIERS,
SUBCONTRACTORS, RESELLERS AND DISTRIBUTORS) IN RELATION TO THE EPIPHAN
HARDWARE PRODUCTS, SOFTWARE AND/OR DOCUMENTATION, EXCEED THE LICENSE FEES
PAID BY YOU FOR THE SOFTWARE.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF
LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT
BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND
LIMITATION OF LIABILITY, NEITHER LICENSOR NOR ANY OF ITS AFFILIATES OR ITS OR THEIR
LICENSORS, SUPPLIERS, RESELLERS OR DISTRIBUTORS WOULD GRANT THE RIGHTS GRANTED
IN THIS AGREEMENT.
