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ZONAR FROM ALL LIABILITY FOR LOSS OR DAMAGE SUSTAINED RELATING THERETO. 6. Exclusive Remedies. Subscriber's exclusive remedies under the limited warranty provided under Paragraph 5 are as follows: 6.1 If notified by Subscnber in writing of a problem during the warranty period, Zonar, at its option, will either (a) at no charge repair or replace each item of Software to make the item operate as warranted, or (b) refund to Subscriber the amount actually paid by Subscriber for such item. Zonar makes no warranty and shall incur no liability for defects in the Softwaze or damages resulting therefrom in the event that Subscriber (a) modifies the Software, (b) operates the Software or uses it for a purpose other than as specified by Zonar, (c) operates the Software on computer products or devices that do not meet the minimum system configuration as set forth in the documentation or as notified by Zonar, or (d) breaches this Agreement in any way. 6.2 THE WARRANTIES, OBLIGATIONS, AND LIABILITIES OF ZONAR AND THE RIGHTS, CLAIMS AND REMEDIES OF SUBSCRIBER SPECIFICALLY SET FORTH IN SUBSCRIBER'S SUBSCRIPTION AND LICENSE AGREEMENT WITH ZONAR ARE EXCLUSIVE. SUBSCRIBER HEREBY RELEASES ZONAR FROM ALL OTHER WARRANTIES, OBLIGATIONS, AND LIABILITIES AND HEREBY WAIVES ALL OTHER RIGHTS, CLAIMS, AND REMEDIES AGAINST ZONAR, ITS OWNERS, OFFICERS, OR EMPLOYEES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY AND ALL EQUIPMENT, SOFTWARE, OR OTHER TANGIBLE OR INTANGIBLE ITEMS OR SERVICES PROVIDED UNDER THIS AGREEMENT. 7. Limitation of Liability. 7.1 ZONAR SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE, PROFIT, OR DATA), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, THE SOFTWARE TO BE LICENSED THEREUNDER, AND/OR THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF ZONAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY TO SUBSCRIBER IN CONNECTION WITH THIS AGREEMENT, THE SUBSCRIBER'S SUBSCRIPTION AND LICENSE AGREEMENT WITH ZONAR, OR THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM OR ACTION OR FAILURE OF ESSENTIAL PURPOSE, EXCEED THE VALUE OF ONE MONTH'S SUBSCRIPTION FEE PAID BY SUBSCRIBER TO ZONAR UNDER SUBSCRIBER'S SUBSCRIPTION AND LICENSE AGREEMENT, NOT TO EXCEED $1,000. Page 2 of 4