Limitation of liability
- 1.CY shall not be liable for any loss or damages sustained by You or Your end customers arising under or related to this Agreement by reason of any failure, interruption or degradation of the Platform and Products and Services, whatsoever shall be the cause or duration thereof. In no event shall CY’s liability exceed the monthly charges for the affected service corresponding to the month in which service outage occurred.
- 2.In no event shall either Party be liable to the other Party for consequential, special, incidental, indirect or punitive damages sustained by the other Party or any third parties howsoever arising under or relating to this Agreement or any order and whether under contract, tort or otherwise (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOSS OF REPUTATION OR GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, LOSS OF DATA, INTERFERENCE WITH BUSINESS OR COST OF PURCHASING REPLACEMENT SERVICES).
- 3.EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL SERVICES ARE PROVIDED EXCLUSIVE OF ANY WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTY OF UNINTERRUPTED SERVICES, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED.