MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.</p> <ol> <li> <strong> </strong> <strong> <u>LIMITATION OF REMEDIES AND DAMAGES</u> </strong> </li> </ol> <p>NEITHER AUGUST NOR ITS AFFILIATES, LICENSORS, AUGUSTS OR RESELLERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA, (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR BUSINESS INTERRUPTION, LOSS OF REVENUES, DIMINUTION IN VALUE OR LOSS OF PROFITS. OR (D) ANY DAMAGES (REGARDLESS OF TYPE) ARISING FROM OR AS A RESULT OF USE OF THE LICENSED SOFTWARE OR THE APPLICATION BY ANY PERSON OTHER THAN YOU. THE FOREGOING SHALL APPLY EVEN IF AUGUST KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUGUST’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE GREATER OF (x) THE AMOUNT PAID BY YOU FOR THE DEVICE AND (y) US$150. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.</p> <p>THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.