No Warranty. Disclaimer</strong> <br> To the maximum extent permitted by applicable law, the Software is provided “AS IS”, and “AS AVAILABLE”, without warranty of any kind. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, COCOON EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Cocoon OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT.</p> <p> <strong>Limitation of Liability</strong> <br> TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW YOU EXPRESSLY UNDERSTAND AND AGREE THAT COCOON AND ITS SUBSIDIARIES’ AND AFFILIATES’, AND ITS LICENSORS’ (“COCOON PARTIES”) TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO COCOON BY YOU FOR THE SOFTWARE OR, IN THE EVENT THAT COCOON HAS MADE THE SOFTWARE AVAILABLE TO YOU WITHOUT CHARGE, ANY SUCH TOTAL LIABILITY WILL BE LIMITED TO TWENTY DOLLARS ($20). IN NO EVENT WILL COCOON BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, PROFITS OR ABILITY TO EXECUTE) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE EXECUTION OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT Cocoon HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.