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Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ThirdEye AND/OR ITS SUPPLIERS AND LICENSORS BE LIABLE FOR (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER NON-DIRECT DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR PERFORMANCE OF ANY OF THE ThirdEye PRODUCTS, (2) THE DELAY OR INABILITY TO USE ANY OF THE ThirdEye PRODUCTS, (3) THE PROVISION OF OR FAILURE TO PROVIDE ANY ThirdEye PRODUCTS, OR (4) ANY INFORMATION, SOFTWARE OR GRAPHICS OBTAINED BY YOU THROUGH ANY OF THE ThirdEye PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ThirdEye OR ANY OF ITS SUPPLIERS OR LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES;