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3.4 Limitation of Liability.
(a) TOTAL LIABILITY. NOTWITHSTANDING ANYTHING ELSE HEREIN,
ALL LIABILITY OF LICENSOR AND ITS SUPPLIERS UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY
CUSTOMER FOR THE RELEVANT SOFTWARE, OR PORTION
THEREOF, THAT GAVE RISE TO SUCH LIABILITY OR ONE
HUNDRED UNITED STATES DOLLARS (US$100), WHICHEVER IS
GREATER. THE LIABILITY OF LICENSOR AND ITS SUPPLIERS
UNDER THIS SECTION SHALL BE CUMULATIVE AND NOT PER
INCIDENT.
(b) DAMAGES. IN NO EVENT SHALL LICENSOR, ITS SUPPLIERS OR
THEIR RELEVANT SUBCONTRACTORS BE LIABLE FOR (A) ANY
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, LOST PROFITS OR LOST OR DAMAGED DATA, OR ANY
INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR
OTHERWISE OR (B) ANY COSTS OR EXPENSES FOR THE
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN EACH
CASE, EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
3.5 Exclusions. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATIONS
OF LIABILITY AND LIMITED WARRANTIES SET FORTH UNDER THIS
AGREEMENT. IN THE EVENT YOU ARE LOCATED IN ANY SUCH
JURISDICTION, THE FOREGOING LIMITATIONS SHALL APPLY ONLY
TO THE MAXIMUM EXTENT PERMITTED IN SUCH JURISDICTIONS. IN
NO EVENT SHALL THE FOREGOING EXCLUSIONS AND LIMITATIONS
ON DAMAGES BE DEEMED TO APPLY TO ANY LIABILITY BASED ON
FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR PERSONAL
INJURY OR DEATH.
4.0 CONFIDENTIAL INFORMATION
4.1 Generally. The Software (and its accompanying Documentation) constitutes
Licensor's and its suppliers' proprietary and confidential information and
contains valuable trade secrets of Licensor and its suppliers (“Confidential
Information”). Customer shall protect the secrecy of the Confidential
Information to the same extent it protects its other valuable, proprietary and
confidential information of a similar nature but in no event shall Customer
use less than reasonable care to maintain the secrecy of the Confidential
Information. Customer shall not use the Confidential Information except to
exercise its rights or perform its obligations as set forth under this Agreement.
Customer shall not disclose such Confidential Information to any third party
other than subject to non-use and non-disclosure obligations at least as
