/Docs/G/Agt-Supply-EquipmentSoftwareSupport-CmA/Sec/Liability/0.md
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Ti = Liability
1.sec = To the maximum extent permitted by applicable law, except for any breaches of or for liability arising out of {SoftwareLicense.Xref}.1 (license grant), {SoftwareLicense.Xref}.3 (restrictions), or {Indemnify.Xref}, or for liability arising out of gross negligence, fraud, or willful or intentional misconduct, or for liability arising out of bodily injury or death, or intentional breach of {Confidentiality.Xref}:
1.1.sec = In no event shall the {_Customer} or {_Manufacturer} (or {_Manufacturer}’s supplier) be liable to the other party for any lost revenue, profit, lost or damaged data, or business interruption, or for any special, indirect, consequential, incidental, or punitive damages arising out of the use of or inability to use software, associated services (including support and maintenance services and related services), equipment, or otherwise in connection with this agreement (under any theory of liability, whether in contract, statute, tort or otherwise), even if such party has been advised of the possibility of such damages.
1.2.sec = In no event shall the aggregate liability of {_Manufacturer} (or {_Manufacturer}’s suppliers), or {_Customer} arising out of or related to this {_Agreement}, including without limitation, the use of or inability to use software, associated services (including support and maintenance services and related services), equipment, or otherwise (under any theory of liability, whether in contract, statute, tort or otherwise) but excluding contractual agreed penalties if any exceed two-times (2x) the fees received by manufacturer from customer for the relevant product or service (or in the case of customer’s liability exceed two-times (2x) the fees paid or due to {_Manufacturer} or its authorized reseller for the relevant product or service) during the preceding 12 months, whether any remedy set forth herein fails of its essential purpose or otherwise. multiple claims shall not expand the limitations set forth in this {Liability.Xref}.
2. = [G/Z/ol-a/s2]
2.sec = Neither {_Party} may exclude or limit their liability for death or personal injury, caused by its negligence or the negligence of its employees or agents, for fraudulent misrepresentation or for any liability which may not be limited or excluded by applicable law, is excluded or limited by this {_Agreement}, even if any other term of this {_Agreement} would otherwise suggest that this might be the case.
= [G/Z/ol/s2]