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TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BERRYFORMS  BE LIABLE TO ANY USER (WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE,WHETHER ACTIVE, PASSIVE OR IMPUTED) OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BERRYFORMS  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THIS AGREEMENT, THE SERVICES OR DOCUMENTATION OR ANY OTHER ITEMS FURNISHED BY BERRYFORMS  UNDER THIS AGREEMENT.  IN NO EVENT WILL BERRYFORMS ’S AGGREGATE LIABILITY, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER THEORY, TO ANY USER UNDER THIS LICENSE EXCEED THE GREATER OF (A) THE FEES PAID BY USER TO BERRYFORM FOR THE SERVICES, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY; OR (B) THREE THOUSAND DOLLARS ($3,000).  

Last updated on October 13, 2011 by Ariel Segall