10. LIMITATIONS OF LIABILITY

  1. YOUR RESULTS You assume sole responsibility for results obtained from use of the Service and any conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information or instructions provided by You to Us in connection with the Service, or any actions taken by Us at Your direction.

  2. LIMITATION IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EITHER PARTY TOGETHER WITH ALL OF OUR RESPECTIVE AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU AND YOUR AFFILIATES HEREUNDER FOR THE SERVICE GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT EITHER PARTY’S LIABILITY ARISING OUT OF GROSS NEGLIGENCE AND/OR WILLFUL MISCONDUCT OR YOUR AND YOUR AFFILIATES’ OBLIGATIONS TO PAY THE FEES. 

  3. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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