Confidential-Oracle Restricted
<br /> the event of any conflict between the terms of the Data Processing Agreement and the terms of the
<br /> Service Specifications(including any applicable Oracle privacy policies),the terms of the Data Processing
<br /> Agreement shall take precedence.
<br /> 5.3.Without prejudice to Sections 5.1 and 5.2 above,You are responsible for(a)any required notices, consents
<br /> and/or authorizations related to Your provision of, and our processing of, Your Content (including any Personal
<br /> Information)as part of the Services, (b)any security vulnerabilities,and the consequences of such vulnerabilities,
<br /> arising from Your Content, including any viruses, Trojan horses, worms or other harmful programming routines
<br /> contained in Your Content,and (c)any use by You or Your Users of the Services in a manner that is inconsistent
<br /> with the terms of this Agreement and/or Your order. To the extent You disclose or transmit Your Content to a third
<br /> party,we are no longer responsible for the security or confidentiality of such content outside of Oracle's control.
<br /> 5.4. Unless otherwise specified in Your order (including in the Service Specifications), Your Content may not
<br /> include any data that imposes specific data security,data protection,or regulatory obligations on Oracle in addition
<br /> to or different from those specified in the Data Processing Agreement, Service Specifications or this Agreement.
<br /> If Your Content includes any of the foregoing data (e.g., certain regulated health or payment card information),
<br /> Oracle will process such data only pursuant to the terms of Your order, the Data Processing Agreement, Service
<br /> Specifications and this Agreement. You are responsible for complying with Your specific regulatory, legal or data
<br /> security obligations which may apply to such data. If available for the Services, You may purchase additional
<br /> services from us (e.g., Oracle Payment Card Industry Compliance Services) designed to address specific data
<br /> security, data protection or regulatory requirements applicable to such data.
<br /> 6. WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES
<br /> 6.1. Each party represents that it has validly entered into this Agreement and that it has the power and authority
<br /> to do so. We warrant that during the Services Period we will perform the Services using commercially reasonable
<br /> care and skill and in all material respects as described in the Service Specifications(the"Services Warranty"). If
<br /> the Services provided to You were not performed as warranted,You must promptly provide us with a written notice
<br /> that describes the deficiency in the Services(including, as applicable,the service request number notifying us of
<br /> the deficiency in the Services).
<br /> 6.2.WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR
<br /> UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL
<br /> MEET YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES
<br /> RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM
<br /> YOUR CONTENT OR THIRD PARTY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES.
<br /> FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE
<br /> LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF
<br /> WARRANTY, OR, IF WE CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY
<br /> REASONABLE MANNER,YOU MAY END THE DEFICIENT SERVICES AND WE WILL REFUND TO YOU THE
<br /> FEES PAID FOR THE DEFICIENT SERVICES FOR THE PERIOD OF TIME DURING WHICH THE SERVICES
<br /> WERE DEFICIENT.
<br /> 6.3. TO THE EXTENT NOT PROHIBITED BY LAW,THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE
<br /> NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS, INCLUDING FOR SOFTWARE,
<br /> HARDWARE, SYSTEMS, NETWORKS OR ENVIRONMENTS OR FOR MERCHANTABILITY, SATISFACTORY
<br /> QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
<br /> 7. LIMITATION OF LIABILITY
<br /> 7.1. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT,
<br /> CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF
<br /> REVENUE, PROFITS (EXCLUDING FEES UNDER THIS AGREEMENT), SALES, DATA, DATA USE,
<br /> GOODWILL,OR REPUTATION.
<br /> T2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ORACLE AND OUR AFFILIATES ARISING OUT
<br /> OF OR RELATED TO THIS AGREEMENT OR YOUR ORDER, WHETHER IN CONTRACT, TORT, OR
<br /> OTHERWISE, EXCEED THE TOTAL AMOUNTS ACTUALLY PAID UNDER YOUR ORDER FOR THE ORACLE
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