Data mentioned under Section 4(c) will only be disclosed or transferred to a third-party to the extent necessary to provide the Services. To enable Siteimprove to provide Customer with the Included Services, and subject to these Terms, Customer hereby grants to Siteimprove a non-exclusive right to use and process data provided by Customer solely in connection with Siteimprove’s operation of the Included Services.</p> 5. LIMITATION OF LIABILITY <p>Each party shall only be liable for direct damages. As such, each party shall not be liable to the other party for any indirect, special, incidental, or punitive damages caused by Customer’s use of the Included Services, including, but not limited to, loss of data, loss of business or any other loss arising out of or resulting from a party’s performance under these Terms, even if it has been advised of the possibility of such damages. Except where excluded by applicable law, a party’s cumulative liability under these Terms shall not exceed the amount of the Fee. However, in no event shall a party be able to claim a limitation on its liability in the event of. i) non-compliance with obligations concerning personal data. ii) any third-party IP infringement claim, unless such claim is based on a party’s wrongful or illegitimate use of the Included Services. or iii) gross negligence or willful misconduct.</p> 6. REPRESENTATIONS AND WARRANTIES <p> <strong>a. For Siteimprove.</strong>