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8. Limitation of Liability. DECARTA AND OR ITS
LICENSOR'S TOTAL LIABILITY TO YOU FROM ALL CAUSES
OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL
BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS
PAID TO DECARTA BY YOU FOR THE SOFTWARE. IN NO
EVENT WILL DECARTA BE LIABLE TO YOU FOR ANY
SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE,
DATA, BUSINESS OR PROFITS) OR FOR THE COST OF
PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT OR THE USE OR
PERFORMANCE OF THE SOFTWARE, WHETHER SUCH
LIABILITY ARISES FROM ANY CLAIM BASED UPON
CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND
WHETHER OR NOT DECARTA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGE. THE
FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN
IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NS-CNV20 - 08-1418 - A6.fm Page 71 Wednesday, August 27, 2008 8:14 AM