Limitations on Liability
NAUTALEX'S OBLIGATIONS UNDER THIS AGREEMENT ARE IN LIEU OF WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NAUTALEX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR AFFILIATES BE LIABLE FOR ANY CLAIM FOR: (A) PUNITIVE, EXEMPLARY, OR AGGRAVATED DAMAGES; (B) DAMAGES FOR LOSS OF PROFITS OR REVENUE OR FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS; OR (C) INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. THE CUSTOMER ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, THE FEES CHARGED FOR THE SERVICES WOULD BE HIGHER.
Notwithstanding the foregoing, the Parties agree that each of their maximum total liability for any loss, damage, or cost including the transition of services to a third party, or other claim arising out of this Agreement, in tort or otherwise, excluding any non-payment, shall not exceed the amount which is the greater of (one thousand) $1,000 dollars and no cents per year; and (ii) the amount paid by the Customer to Nautalex in the previous 3 months for Services under this Agreement.
By accepting this agreement you ("The Customer") shall defend, fully indemnify and hold harmless Nautalex Software Services Inc. ("Nautalex"), its Affiliates and its officers, directors, agents, and employees, from and against any and all third party claims, demands, suits, actions, causes of action or liability of any kind whatsoever for damages, losses, costs or expenses (including legal fees and disbursements).