DISCLAIMER OF LIABILITY

1. NORTHERN COLLABORATIVE TECHNOLOGIES MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICES TO BE PERFORMED OR DELIVERABLES TO BE PROVIDED HEREUNDER OR THE FUNCTIONALITY, PERFORMANCE, SUITABILITY OR CAPABILITY OF ANY COMPUTER SOFTWARE AND/OR HARDWARE OWNED, LEASED OR USED BY CLIENT AND/OR PROVIDED OR SUGGESTED BY NORTHERN COLLABORATIVE TECHNOLOGIES.

2. IN NO EVENT WILL NORTHERN COLLABORATIVE TECHNOLOGIES OR ANY PRINCIPAL, OFFICER, DIRECTOR, AGENT, EMPLOYEE OR CONTRACTOR THEREOF BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR NORTHERN COLLABORATIVE TECHNOLOGIES’S SERVICES OR DELIVERABLES HEREUNDER, OR ANY ERRORS OR OMISSIONS THEREIN OR RELATING THERETO, EVEN IF NORTHERN COLLABORATIVE TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3. ANY LIABILITY OF NORTHERN COLLABORATIVE TECHNOLOGIES, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS OR CONTRACTORS. INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR DATA, OR FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID TO NORTHERN COLLABORATIVE TECHNOLOGIES BY CLIENT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.