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C) PRYMEINFIL
<br /> Live-User Agreement
<br /> A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS
<br /> MAY NOT APPLY TO CUSTOMER.
<br /> 10. Indemnification. Pryme Infil shall indemnify and hold harmless Customer and its
<br /> officers, agents and employees from, and , if requested, shall defend them from and against any
<br /> and all liabilities (legal, contractual, or otherwise), losses, damages, costs, expenses, or claims for
<br /> injury or damages (collectively, "Claims"), arising frown or in any way connected with Pryme
<br /> Infil's negligent or tortious [GG(I] performance of the Agreement, including but not limited to,
<br /> any: (i) injury to or death of a person, including employees of Customer; (ii) loss of or damage to
<br /> property; (iii)violation of local, state, or federal common law, statute or regulation, including but
<br /> not limited to privacy or personal identifiable information,health information,disability and labor
<br /> laws or regulations; or (iv) strict liability imposed by any law or regulation; except to the extent
<br /> such indemnity is void or otherwise unenforceable under applicable law, and except where such
<br /> Claims are the result of the active negligence or willful misconduct of Customer and are not
<br /> contributed to by any act of, or by any omission to perform some duty imposed by law or
<br /> agreement on, Pryme Infil or its affiliates. The foregoing indemnity shall include, without
<br /> limitation,reasonable fees of attorneys, consultants, and experts and related costs,and Customer's
<br /> costs of investigating any claims against Customer.
<br /> 11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY
<br /> APPLICABLE LAW, IN NO EVENT WILL PRYME INFIL OR ITS AFFILIATES, OR ANY
<br /> OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY
<br /> LIABILITY ARISING FROM OR RELATED TO CUSTOMER'S OR CUSTOMER'S USERS'
<br /> USE OF OR INABILITY TO USE THE APPLICATION FOR: (i) PERSONAL INJURY,
<br /> PROPERTY DAMAGE, LOST PROFITS, COST OF.SUBSTITUTE GOODS OR SERVICES,
<br /> LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER
<br /> FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL,
<br /> INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR (ii) DIRECT
<br /> DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT
<br /> ACTUALLY PAID BY CUSTOMER FOR THE APPLICATION. THE FOREGOING
<br /> LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF
<br /> CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS
<br /> OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PRYME 1NFIL WAS
<br /> ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
<br /> ALLOW CERTAIN LIMITATIONS OF LIABILITY SOME OR ALL OF THE ABOVE
<br /> LIMITATIONS OF LIABILITY MAY NOT APPLY TO CUSTOMER.
<br /> 12. Export Regulation. The Application may be subject to US and other jurisdictions'
<br /> export control laws and sanctions laws and regulations. Customer shall not, directly or indirectly,
<br /> export, re-export, or release the Application to, or make the Application accessible from, any
<br /> jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or
<br /> regulation. Customer shall comply with all export control and sanction laws and regulations that
<br /> apply to Customer's use of the Application, including but not limited to a.) the Export
<br /> Administration Regulations maintained by the US Department of Commerce, b.) trade and
<br /> economic sanctions maintained by the US Treasury Department's Office of Foreign Assets
<br /> Control, and c.) the International Traffic in Arms Regulations maintained by the US Department
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