38
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.
NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, NEITHER LICENSOR NOR ANY OF
ITS AFFILIATES OR ITS OR THEIR LICENSORS, SUPPLIERS, SUBCONTRACTORS, RESELLERS AND/OR
DISTRIBUTORS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY
WHATSOEVER IN RESPECT TO ANY DIRECT, 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, ARISING FROM
OR RELATING TO ANY INFORMATION AND/OR DATA THAT MAY BE PROCESSED BY OR MADE
AVAILABLE USING ANY EPIPHAN HARDWARE PRODUCT AND/OR SOFTWARE OR ARISING FROM OR
RELATING TO ANY THIRD-PARTY SERVICE THAT MAY BE ACCESSIBLE USING ANY EPIPHAN
HARDWARE PRODUCT AND/OR SOFTWARE.
THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF
LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT BUT
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