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Page 12 of 15 CONFIDENTIAL <br />amount equal to the prepaid Subscription Fee or the affected portion thereof <br />and the cost of any equipment, less amortization for its use on a straight line <br />basis over a period of five (5) years from the Effective Date. The preceding <br />sets forth Company’s only obligations and Customer's sole and exclusive <br />remedies with respect to infringement or misappropriation of intellectual <br />property rights. <br />8.2.3. Company will not be liable hereunder for any claim of infringement that is <br />based upon (i) the combination of the Service, or any part of the Service, or <br />the Equipment with any product, software, hardware, machine, or device <br />which is not provided by Company or identified by Company in its <br />specifications as necessary to operate the Service, (ii) any modification of <br />the Service or Equipment by a party other than Company, or (iii) the use of <br />a version of the Service other than a current, unaltered release of the Service <br />if such infringement would have been avoided by the use of a current, <br />unaltered release. <br />8.3. Limitation of Liability. EXCEPT WITH RESPECT TO CLAIMS ARISING <br />FROM OR RELATING TO (i) THE GROSS NEGLIGENCE OR WILLFUL <br />MISCONDUCT OF COMPANY OR (ii) DAMAGES ARISING FROM OR <br />RELATING TO BODILY INJURY (INCLUDING DEATH) OR DAMAGE TO <br />REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY COMPANY IN <br />THE PERFORMANCE OF SERVICES UNDER THE AGREEMENT: NEITHER <br />PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, <br />CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN <br />CONNECTION WITH THIS AGREEMENT (INCLUDING, WITHOUT <br />LIMITATION, ANY DAMAGES FOR LOST PROFITS OR LOSS OF DATA OR <br />BUSINESS INTERRUPTION), WHETHER ARISING FROM NEGLIGENCE, <br />ERRORS, OR FAILURE OF PERFORMANCE, EVEN IF COMPANY HAS <br />BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS <br />LIMITATION UPON DAMAGES AND CLAIMS SHALL APPLY WITHOUT <br />REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT <br />HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. <br />8.4. Damages. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY <br />FOR ALL CLAIMS UNDER THIS AGREEMENT, WHETHER ARISING IN <br />CONTRACT, TORT OR ANY OTHER LEGAL THEORY EXCEED AN <br />AMOUNT EQUAL TO THE FEES PAID BY CUSTOMER OR CUSTOMER’S <br />AFFILIATE IN THE SIX (6) MONTH PERIOD PRECEDING THE ACT <br />GIVING RISE TO THE CLAIM FOR DAMAGES. <br />9.General Provisions. <br />9.1. Notices. Any notice permitted or required under this Agreement may be delivered <br />in person, by registered or certified mail (postage prepaid), by recognized overnight <br />delivery service, or by e-mail to the party’s address identified below (or other <br />address designated by a party by written notice that conforms to this section). <br />DocuSign Envelope ID: 00AEEDF8-E56F-4832-A7DF-FBD6EF554C6A